STATE OF MISSOURI v. RICHARD A. MILLER
Missouri Court of Appeals
1ConcurrenceDaniel E. Scott, J.
I concur. The record includes evidence from which jurors could find that Miller, while driving in daylight on a road he knew, exceeded the speed limit and persisted in driving on the wrong side of the road, even into a blind curve, and thus “recklessly” killed the Rowdens.
I write only to take issue with dicta in two cases cited by Miller to the effect that driving on the wrong side of the road cannot alone support a vehicular homicide conviction. See State v. Harris, 743 S.W.2d 484, 486 (Mo.App.1987); State v. Bradley, 670 S.W.2d 123, 126 (Mo.App.1984).
There was testimony which, if believed,…
2Cases cited2 opinions
- State v. BradleyMissouri Court of Appeals · 1984
- State v. HarrisMissouri Court of Appeals · 1987