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HIGGINBOTHAM v. STATE

No. 3-381A67.

427 N.E.2d 896 (1981)

Martin Joseph HIGGINBOTHAM, Appellant (Defendant below), v. STATE of Indiana, Appellee (Plaintiff below).

Court of Appeals of Indiana, Fourth District.

November 4, 1981.

Attorney(s) appearing for the Case

Michael R. McEntee, Bowman & Crowell, Fort Wayne, for appellant.

Linley E. Pearson, Atty. Gen., Janis L. Summers, Deputy Atty. Gen., Indianapolis, for appellee.

YOUNG, Judge.

Appellant Martin Joseph Higginbotham was convicted of Driving Under the Influence of an Intoxicating Beverage and Causing the Death of a Human Being. Ind. Code 9-4-1-54(b).

He appeals presenting two issues. First, did the trial court erroneously construe the causation requirement of Ind. Code 9-4-1-54(b) and as a consequence erroneously instruct the jury about the elements of the offense? Second, did the trial court err by not permitting the...

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