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MICINSKI v. STATE

No. 4-1084 A 300.

479 N.E.2d 632 (1985)

Russell R. MICINSKI, Appellant (Defendant below) v. STATE of Indiana, Appellee (Plaintiff below)

Court of Appeals of Indiana, Fourth District.

Rehearing Denied August 23, 1985.

Attorney(s) appearing for the Case

Richard J. McDonald, Richard J. LaSalvia, South Bend, for appellant.

Linley E. Pearson, Atty. Gen., John D. Shuman, Deputy Atty. Gen., Indianapolis, for appellee.

MILLER, Presiding Judge.

Russell Micinski appeals from a jury conviction on two counts of driving under the influence resulting in serious bodily injury, IND. CODE 9-4-1-54 and one count of leaving the scene of an accident resulting in injury or death to a person. IND. CODE 9-4-1-40. We reverse and remand, choosing to address the following two issues:

1. Is the state required to prove Micinski knew of an accident resulting in injury for conviction of leaving...

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