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STATE v. WILLIS

No. 5785.

652 P.2d 1222 (1982)

98 N.M. 771

STATE of New Mexico, Plaintiff-Appellant, v. Richard Lamar WILLIS, Defendant-Appellee.

Court of Appeals of New Mexico.

October 5, 1982.

Attorney(s) appearing for the Case

Jeff Bingaman, Atty. Gen., Carol Vigil, Asst. Atty. Gen., Santa Fe, for plaintiff-appellant.

John B. Bigelow, Chief Public Defender, David Stafford, Asst. Appellate Defender, Santa Fe, for defendant-appellee.

OPINION

NEAL, Judge.

This appeal has been brought by the State challenging the trial court's dismissal of Count II of the grand jury indictment against the defendant, Richard Lamar Willis, charging him with vehicular homicide.

The only issue in this case is whether an unborn viable fetus is a human being for purposes of the New Mexico Vehicular homicide statute, § 66-8-101, N.M.S.A. 1978 (1982 Cum.Supp.).

As Judge Wood states in his...

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