STATE V. MUNNELL
344 N.W.2d 883 (Minn. 1984)
NATURE OF THE CASE: This was an appeal from a conviction of criminal vehicular operation.
FACTS: Munnell (D) was driving on a highway, crossed over the center line, and ran over
Cloud. Cloud was lying unconscious on the road. D had a blood alcohol level of .11%, and
Cloud had a level of .24%. D was prosecuted for criminal vehicular operation. The trial
court refused D's request that the jury be instructed that she could be acquitted if Cloud
was more culpable than she. D moved for a dismissal. The trial court denied D's motion. D
appealed her conviction.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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