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State v. Bunch

The phrase "any person" in the eluding statute refers to all natural persons, including the eluding defendant, and a defendant who uses a motor vehicle to escape apprehension and in so doing creates a risk of death or injury to himself is guilty of second-degree eluding, and the jury instruction on second-degree eluding given here was not erroneous; State v. Moore , whose statutory construction is inconsistent with this holding, is overruled.

August 09, 2004 at 12:00 AM

1 minute read

By | Updated on August 09, 2004

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