Legal Opinion · Concurrence

STATE OF MISSOURI v. RICHARD A. MILLER

Missouri Court of Appeals

Decided October 21, 2014No. SD32730Published

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

  1. State v. BradleyMissouri Court of Appeals · 1984
  2. State v. HarrisMissouri Court of Appeals · 1987

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API