MCMONAGLE, JAMES, J.
This matter is before the court on a motion for judgment of acquittal made by the defendant at the close of all the testimony, purusant to Crim. R. 29. The defendant has been indicted by the Cuyahoga County Grand Jury on a one count indictment specifying a violation of R. C. 2903.06, aggravated vehicular homicide. That section provides:
"No person, while operating or participating in the operation of a motor vehicle, motorcycle, snowmobile...
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