Let the jury sort it out

November 12, 2012

  • 48AVII Offenses
  • 48AVII(B) Prosecution
  • 48Ak356 Questions for Jury
  • 48Ak356(13) k. Homicide.

48A AUTOMOBILESIn prosecution for reckless homicide and operating vehicle while intoxicated resulting in death (OWI death), whether proximate cause of decedent’s death was defendant’s act of driving up street at between 40 and 60 miles an hour while intoxicated and doing a “wheelie” on his motorcycle, or was decedent’s act of running heedlessly across street while intoxicated and while removing shirt over his head, was for jury.
Dawson v. State, 612 N.E.2d 580 (Ind. Ct. App. 1993)
Suggested by Ben Frisch, Senior Attorney Editor; Thomson Reuters