Lopez v. Maes

I dissent from that part of the majority opinion concerning defendant Gallegos for the following reasons.

The majority states: “[h]ere we have no evidence that decedent was alive at the time the Gallegos car struck the body. The only evidence on this question is that he was dead at the time.” I do not so interpret the evidence.

The only evidence in the record regarding life or death prior to the Gallegos impact is from defendant Maes. Maes testi- - fied regarding liis time to observe decedent as follows:

“Q. Did you stand near the body right there when you got down from the car and ran to the…