State v. McClose

This is an appeal from an order holding that a person who participates in an automobile race on a public road may not be criminally responsible for a resulting death to a third party when his vehicle is not the direct instrument of death. We reverse.

The defendant, Norris McClose, and his brother, George McClose, had agreed to race their automobiles south on Highway 32 in Racine county to the border of Kenosha county at the intersection of Highway 32 and Highway KR. As they approached the intersection at a high rate of speed, the defendant’s brother pulled ahead in the race. Once his brother…