PEOPLE v. GUTHRIE

Docket No. 44957.

97 Mich. App. 226 (1980)

293 N.W.2d 775

PEOPLE v. GUTHRIE

Michigan Court of Appeals.

Decided April 24, 1980.


Attorney(s) appearing for the Case

Frank J. Kelley, Attorney General, Robert A. Derengoski, Solicitor General, and Burton Hines, Jr., Prosecuting Attorney (by Thomas C. Nelson, Assistant Attorney General, Prosecuting Attorneys Appellate Service), for the people.

Samardich, Benson, McCurdy & Wotila, P.C., (Janet Tooley, of Counsel), for defendant.

Before: ALLEN, P.J., and M.F. CAVANAGH and C.W. SIMON, JR., JJ.


PER CURIAM.

Did the trial court err in dismissing a charge of negligent homicide, MCL 750.324; MSA 28.556, against defendant on grounds that the death of an unborn but viable nine month fetus was not equivalent to the death of "another" within the meaning of that term as used in the statute? This question of first impression in Michigan arises on the following facts.

On August 8, 1978, at approximately 5 p.m., defendant drove his pickup truck across four lanes...

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