State v. Comstock

OPINION OF THE COURT

ALBAN E. BROOKE, Circuit Judge.

The order under review granted defendant’s traversed motion to dismiss and the appellant’s argument is two-fold. Number one, whether a motion to dismiss should be summarily denied for legal insufficiency if not properly sworn to by the defendant, and second, whether the State presented prima facie proof of corpus delecti to overcome the motion to dismiss.

The facts of the case involved a one-car accident occurring in the northbound lanes of Buckman Bridge. The accident occurred sometime *51before 3:10 A.M. on May 29, 1988. It was estimated that…