State v. Miller

REYNOLDSON, Chief Justice.

Defendant’s appeal involves issues arising in his jury trial on a charge of failing to stop at the scene of a personal injury accident, in violation of section 321.261, The Code 1979. Because we find error in trial court’s jury instruction relating to defendant’s alleged lack of knowledge that an accident had occurred, we reverse and remand for new trial.

From the evidence the jury could have found that defendant was driving a muddy pickup north on Main Street in Maquoketa, Iowa, on February 25, 1980. He had cleared a spot on the windshield and later testified he…