This section contains the nature of the case and procedural background.

McLaughlin (D) was driving at night on a downgrade at approximately 25 m.p.h. D hit and killed two people walking on the road. At trial, D contended that the victims ran in front of him after he sounded his horn. Evidence indicated that D had applied his brakes before striking the victims. D also stopped and assisted his victims at the scene of the collision. Evidence that his lights were not on, that he did not sound his horn, and that he was intoxicated was disputed. D was convicted of second-degree murder.

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