State v. Rose

Henry Rose (defendant) struck pedestrian David McEnery with his car; McEnery was thrown onto the hood, rolled off after Rose momentarily stopped, and Rose then drove away, later abandoning his car with McEnery's body found underneath it. Rose was charged with both leaving the scene of an accident resulting in death and negligent manslaughter. At trial, the sole medical witness could not determine whether McEnery died instantly on impact or several minutes later while under the car; the judge instructed the jury it needed to find McEnery alive immediately after impact and that Rose's post-impact conduct was culpably negligent to convict of manslaughter. Rose was convicted on both counts and appealed the denial of his motion for a directed verdict of acquittal.