State v. Stringer

On December 1, 1978, defendant struck and killed a pedestrian while driving his car. He was subsequently charged with manslaughter in the second degree (ORS 163.125(l)(a)) and was found guilty of the lesser included crime of criminally negligent homicide (ORS 163.145). On appeal, he alleges that the trial court erred: (1) by excluding testimony by an expert witness concerning the point of impact; and (2) by using a standard of reasonable care to instruct the jury regarding his duty of care. We affirm.

In his case in chief, defendant attempted to introduce the opinion testimony of a consulting…