State v. Rose
Supreme Court of Rhode Island
311 A.2d 281 (1973)
On April 1, 1970, Rose (defendant) hit a pedestrian, McEnery, with his car as McEnery was crossing the street. Rose immediately drove away, dragging McEnery’s body under the car. McEnery’s body was later found underneath Rose’s abandoned car. Rose was indicted for negligent manslaughter for driving away after hitting McEnery. At trial, the only medical witness said that McEnery could have died at the moment of impact, but he also could have died several minutes later. The medical witness could not state McEnery’s exact time of death. Rose moved for a directed verdict of acquittal. The motion was denied and Rose was convicted.
Rule of Law
Holding and Reasoning (Roberts, C.J.)
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