State v. Morgan

SCHWARTZMAN, Judge.

Terry Lee Morgan appeals from the district court’s appellate affirmance of the magistrate’s denial of his motion for judgment of acquittal on a traffic infraction for failure to yield the right of way in violation of I.C. § 49-640.

I

FACTS AND PROCEDURE

On June 14, 1998, at approximately 8:00 a.m., Morgan was driving his 1979 Ford Ranchero southbound on 16th Street and proceeded to cross St. Maries Street in Coeur d’Alene, Idaho. He was struck from his right by a vehicle driven by Isabel Menge. The intersection of 16th and St. Maries has no traffic control devices. Officer…