Nature of the Case
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Facts
D was driving a tractor west on Highway 46. Visibility was good as it was a clear, sunny day. D entered the highway from a field where he had been working and was traveling between five and fifteen miles per hour. After traveling approximately one-half mile on the highway, Olsen pulled over to the side of the road to allow a car that was following him to pass. A second vehicle, driven by Lloyd Saugstad, was a short distance farther back. D turned left toward a gravel road leading to his parents' home. As he was crossing the eastbound lane of the highway, the front of the tractor was struck by a car traveling east in that lane. The driver of the eastbound vehicle died immediately. When Saugstad approached the accident scene, D ran from the tractor saying 'I didn't see it.' D was taken to a clinic and treated for shock. P charged D with manslaughter in the second degree. At the preliminary hearing, Saugstad testified that he saw the eastbound vehicle coming and knew that a crash was imminent when D turned his tractor. The highway patrol trooper who investigated the accident testified that D told him that before attempting to make his turn he looked both behind and forward, but did not see the approaching vehicle. D moved to dismiss the complaint against him. The magistrate granted D's motion and dismissed the manslaughter charge because 'the factual situation fails to meet the burden to sustain a charge of felony manslaughter.' P appealed.
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