Criminal Law Keyed to LaFave
State v. Larson
Facts
A construction crew was working in the right lane of a highway that was separated from the driving lane by candlestick dividers placed approximately one foot inside the lane the crew was working in. The posted speed limit was 75 MPH and 55 MPH through the construction site. Appellant, traveling between 62 and 68 MPH, crossed the center line and killed two construction workers. Appellant was convicted of two counts of second-degree manslaughter (reckless killing of another). Appellant argues that the construction crew did not have the proper markings and that the States’ comment that Appellant showed a microsecond of recklessness was insufficient to support the conviction.
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