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STATE v. DICKINSON

No. 70-651.

28 Ohio St. 2d 65 (1971)

THE STATE OF OHIO, APPELLANT, v. DICKINSON, APPELLEE.

Supreme Court of Ohio.

Decided November 24, 1971.

Attorney(s) appearing for the Case

Mr. David D. Dowd, Jr., prosecuting attorney, and Mr. Dale T. Evans, for appellant.

Mr. Ralph W. Ross, for appellee.

STERN, J.

This is a case of first impression on the issue of whether a viable unborn fetus is within the subject of R. C. 4511.181. We hold that it is not.

R. C. 4511.181 states:

"No person shall unlawfully and unintentionally cause the death of another while violating Section 4511.19 * * * of the Revised Code. Any person violating this section is guilty of homicide by vehicle in the first degree." (Emphasis supplied.)

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