Smith v. State

Johnson, Chief Judge.

A jury found Jerry Smith guilty of homicide by vehicle in the second degree and passing in a no-passing zone. Smith appeals from the judgment of conviction entered upon the jury’s verdict. He contends the trial court erred in failing to grant his motion for directed verdict of acquittal because the evidence was insufficient to allow a rational trier of fact to find him guilty beyond a reasonable doubt.

1. Where, as in this case, sufficiency of the evidence is challenged by a motion for directed verdict of acquittal, the proper test is the reasonable doubt test of Jackson…