State v. Stuart

Defendant appeals a judgment of conviction for manslaughter in the second degree, ORS 163.125, for causing the death of another while driving. He assigns error to the trial court’s denial of his motion for judgment of acquittal, contending that the evidence was insufficient to prove that he acted recklessly. The state responds that the evidence is sufficient “to support a reasonable inference that defendant was aware of a substantial and unjustifiable risk that continuing to drive that day would cause the death of another person and that he consciously disregarded that risk.” We agree with…