State v. Carman
Annotate this CaseDefendant’s dump truck struck the rear of a car that had stopped or slow due to highway construction. The collision forced the car off the highway, causing it to roll. The driver was killed as a result. Defendant was subsequently convicted of “unlawful act manslaughter” in violation of Neb. Rev. Stat. 28-305. Defendant appealed, arguing that the evidence was insufficient to convict him of manslaughter. The Supreme Court reversed and remanded with directions to vacate Defendant’s conviction and sentence, holding that the State did not prove that Defendant acted with the mens era required to convict him under section 28-305.
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