Commonwealth v. Woosnam

¶ 1 At issue in this case is whether the trial court erred when it refused to instruct the jury that Appellant, Luann Woosnam, was guilty of leaving the scene of an accident involving death or personal injury of a person, 75 Pa.C.S. § 3742, if she knew or should have known that she was involved in an accident involving death or injury. We conclude that a mens rea element is a necessary component of a violation of this statute and the trial court’s failure to instruct the jury as to this element pursuant to 18 Pa.C.S. § 302(b)(4) requires the grant of a new trial. We reverse and remand.

¶ 2 At…