Gilbert v. State

ROBERTSON, Presiding Judge.

Eugene Gilbert was found guilty in a trial before the court of failure to yield right of way and fined $10 dollars plus court costs of $32 dollars. Gilbert alleges three errors on appeal, but because we reverse the trial court’s verdict, we will deal only with whether the State presented a prima facie case.

The facts reveal that Gilbert was acting in his capacity as a truck driver when the incident occurred, and was operating a tractor and trailer commonly known as a “semi”. Gilbert was leaving Donnelley’s South Plant in Crawfordsville, Indiana, and proceeding to…