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

Munnell (D) was driving on a highway, crossed over the center line, and ran over Cloud. Cloud was lying unconscious on the road. D had a blood alcohol level of .11%, and Cloud had a level of .24%. D was prosecuted for criminal vehicular operation. The trial court refused D's request that the jury be instructed that she could be acquitted if Cloud was more culpable than she. D moved for a dismissal. The trial court denied D's motion. D appealed her conviction.

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