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STATE v. OLIVER

No. 87-512.

563 A.2d 1002 (1989)

STATE of Vermont v. Lawrence R. OLIVER.

Supreme Court of Vermont.

June 16, 1989.

Attorney(s) appearing for the Case

John T. Quinn, Addison County State's Atty., Middlebury, for plaintiff-appellant.

Lawrence R. Oliver, East Middlebury, pro se.

Walter M. Morris, Jr., Defender General, and Henry Hinton, Appellate Defender, Montpelier, amicus curiae.

Before ALLEN, C.J., and PECK, GIBSON, DOOLEY and MORSE, JJ.

ALLEN, Chief Justice.

Defendant was charged with careless and negligent operation of a motor vehicle resulting in the death of a person, 23 V.S.A. § 1091(c). According to supporting affidavits, the accident caused the death of an in utero fetus at a gestational age of 34-35 weeks. The trial court refused to find probable cause for the charge, ruling that an unborn viable fetus is not a person within the meaning of § 1091. The State brings this interlocutory...

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