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1950 Op. Mo. Att'y Gen. 1 (1950)

handle is hein.sag/sagmo0100 and id is 1 raw text is: CRIMINAL LAW: To sustain conviction of leaving scene of ac- cident, defendant must have actual knowledge of the accident and injury to person or damage to property. January 3, 1950 Honorable Homer F. Williams Prosecuting Attorney Bollinger County Marble Hill, Missouri Dear Sir: Your letter at hand requesting an opinion of this which reads as follows: department We have a party who is charged with leaving scene of accident without giving his name to the other party, and without reporting same to the nearest police office, etc. The defendant claims that he was unaware of the fact that his car had struck another car and shoved same off the highway at a very steep place, and it occurred while he was passing this car on this stretch of road, by side swiping it lightly. After the accident, the defendant had stop- ped at a road house about a mile away from the scene of the accident, and at that place a party there who came up while the defen- dant was there, told him that he had crowded this fellow off the highway back at the place but the defendant did not then make any ef- fort to go back to the scene at all, but con- tinued up the highway about 12 or 15 miles to another road house, where the officers got him. Would the fact that he failed to report the accident after he had been informed thereof, at the place one mile from the scene of the accident, make him guilty of this offense, if in fact he did not actually know that he had struck the car when he originally left the Digitized from Best Copy Available 1q7