State v. Hursh

Kenneth Hursh appeals his conviction of vehicular assault alleging: (1) insufficient evidence, (2) the court erred in failing to give his proposed lesser included offense instruction, (3) the court erred in prohibiting testimony about the victim’s failure to wear a seatbelt, (4) the court’s jury instructions were deficient, and (5) reversal is required because the jury rendered a general verdict. We affirm.

Facts

On March 2, 1991, after bowling with some friends, David Hendricks headed for home at about 2 a.m. In preparing to exit Highway 18, Hendricks decelerated his vehicle. Suddenly, Hursh’s…