Nelson v. State

OPINION

FRIEDLANDER, Judge.

Alfred G Nelson appeals his conviction of Failure to Return to the Scene of an Accident Resulting in Death, 1 a class C felony. Nelson presents the following restated issue for review: Did the trial court err in denying Nelson's motion to dismiss and his motion for a directed verdict?

We reverse.

The facts favorable to the judgment of conviction are that on January 30, 2003, Robert Wilken was northbound on State Route 29 (SR 29) in Clinton County, Indiana. Just ahead of Wilken's location, State Route 28 (SR28) intersected with State Route 29. SR28 "jogged" at its…