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MATTHEW v. STATE

No. 3-973A123.

318 N.E.2d 594 (1974)

Charles L. MATTHEW, Defendant-Appellant, v. STATE of Indiana, Plaintiff-Appellee.

Court of Appeals of Indiana, Third District.

Rehearing Denied January 9, 1975.

Attorney(s) appearing for the Case

John M. Lyons, Valparaiso, for defendant-appellant; Lyons, Aungst & Guastella, Valparaiso, of counsel.

Theodore L. Sendak, Atty. Gen., John H. Meyers, Deputy Atty. Gen., Indianapolis, for plaintiff-appellee.

HOFFMAN, Chief Judge.

Defendant-appellant Charles L. Matthew was charged by indictment in two counts with I) reckless homicide and II) reckless homicide while driving under the influence of intoxicating liquor. On motion of the defendant, Count I alleging the offense of reckless homicide was later dismissed following the close of the State's case in chief. Following trial before a jury, a verdict of guilty was returned as to Count II, reckless homicide while driving...

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