McEnery was crossing a street when he was struck by D's vehicle.
D stopped momentarily, the body rolled off of the hood, and D immediately drove off.
The police found the vehicle 610 feet away with the body wedged underneath it.
D was charged with negligent manslaughter and leaving the scene of an accident, death resulting.
The court instructed that in order to find D guilty of manslaughter, it would be necessary to find that McEnery was alive immediately after the impact and that the conduct of the D following the impact constituted culpable negligence?
Trial court found D guilty.
RI Supreme Court affirmed the leaving the scene of an accident, reversed negligent manslaughter.
Was there evidence beyond a reasonable doubt that the victim was alive immediately after impact, and, thus, that D was guilty of manslaughter?
There was not evidence beyond a reasonable doubt that the victim was alive immediately after the impact. Thus, D is not guilty of manslaughter.
The medical expert said that he was unsure when death occurred.