Commonwealth v. Hutchinson

I respectfully dissent. I would find the evidence of Moore’s alleged vehicular violations insufficiently developed to require a jury charge. I am convinced, as was the trial judge, that the cause of Moore’s death was the reckless and drunken driving by Hutchison.

When we consider whether the trial court erred when it refused to charge the jury regarding the alleged illegality of the operation of a tractor on the highway, we must examine the charge in its entirety against the background of the evidence to determine whether or not the error, if there was one, was prejudicial to the defendant.…