Decker v. State

I respectfully dissent as it is my view that the evidence is insufficient to authorize a finding, beyond a reasonable doubt, that the train was “plainly visible” to defendant before he entered the railroad crossing. Specifically, the State’s case is based entirely on circumstantial proof which I do not believe excludes the reasonable hypothesis of defendant’s sole defense, i.e., the train was not “plainly visible” to defendant until he was already on the tracks. In fact, the State’s only eyewitness (the locomotive engineer who admittedly accelerated his train moments before ramming…