STATE V. ROSE, 311 A.2d 281 (1973) CASE BRIEF

STATE V. ROSE

311 A.2d 281 (1973)

NATURE OF THE CASE: Rose (D) brought bills of exceptions challenging his convictions by the Rhode Island Superior Court after a jury trial on counts of leaving the scene of an accident, death resulting, in violation of R.I. GEN. LAWS 31-26-1 (1968) and manslaughter after his motions for a new trial were denied.

FACTS: McEnery, who was struck by D's motor vehicle. According to the testimony of a bus driver, he had been operating his vehicle north on Broad Street and had stopped at a traffic light. He observed a pedestrian starting to cross Broad Street, and as the pedestrian reached the middle of the southbound lane he was struck by a 'dirty, white station wagon' that was proceeding southerly on Broad Street. The pedestrian's body was thrown up on the hood of the car. The bus driver further testified that the station wagon stopped momentarily, the body of the pedestrian rolled off the hood, and the car immediately drove off. The bus operator testified that he had alighted from his bus, intending to attempt to assist the victim, but was unable to locate the body. The police located a white station wagon on Haskins Street, a distance of some 610 feet from the scene of the accident. The police further testified that a body later identified as that of David J. McEnery was wedged beneath the vehicle when it was found and that the vehicle had been registered to D. Robert Buckley, had worked with defendant and that about 5 p.m. on the day of the accident he had gone to a place located in Central Falls that he identified as The Palms where he met D about 5:15 p.m. At 7 p.m. that evening D phoned him, told him that he had been involved in an accident, and asked Buckley to help him look for his car. According to Buckley, he picked up D's girlfriend, identified as Pat, and went to the vicinity of the accident and drove around for some time but was unable to locate the car. Buckley testified that he picked up D, who asked him to take him to a cafe in Central Falls known as The Well, where he would attempt to establish an alibi. D asked Buckley to take him to the Central Falls police station, where D reported that his car had been stolen from in front of The Well sometime between 5:30 p.m. and 9 p.m. on that day. Buckley later drove D to Pat's home, and while there D answered a telephone call. After the telephone call had been completed, D told Buckley that 'a guy had been killed.' According to Buckley, D 'was denying it on the 'phone' during the conversation. D was charged with leaving the scene of an accident, death resulting, and with manslaughter. D was tried on both indictments. D was convicted of each offense. each case. D motions for a new trial were denied, and D appealed.

ISSUE:

RULE OF LAW:

HOLDING AND DECISION:

LEGAL ANALYSIS:

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