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State v. Hernandez

Missouri Court of Appeals

815 S.W.2d 67 (1991)

Relevant factsFree

Pedro Hernandez (defendant) struck and killed Cecil Barrymore while driving, and admitted he had been drinking heavily beforehand. At trial, the prosecution introduced stickers, pins, and a sign found in Hernandez's car bearing slogans promoting excessive drinking, arguing they showed Hernandez knew alcohol would impair his driving and that he approved of heavy drinking. Hernandez was convicted of involuntary manslaughter and appealed, arguing the drinking slogans were irrelevant and served only to portray him as having bad character.

IssueFree

Whether criminal negligence requires a finding that the defendant actually knew his act could pose a risk to others.

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