PEOPLE v. OLSON

Docket No. 116062.

181 Mich. App. 348 (1989)

448 N.W.2d 845

PEOPLE v. OLSON

Michigan Court of Appeals.

Decided December 4, 1989.


Attorney(s) appearing for the Case

Frank J. Kelley, Attorney General, Louis J. Caruso, Solicitor General, William A. Forsyth, Prosecuting Attorney, and Timothy K. McMorrow, Chief Appellate Attorney, for the people.

Varnum, Riddering, Schmidt & Howlett (by Judy E. Bregman), for defendant.

Before: WAHLS, P.J., and GRIBBS and R.B. BURNS, JJ.


R.B. BURNS, J.

The prosecution appeals from an order of the Kent Circuit Court which dismissed this case on the ground that Michigan's negligent homicide statute, MCL 750.324; MSA 28.556, is unconstitutional. The court concluded that the statute violates due process because it imposes substantial criminal penalties for an act of ordinary negligence, thus making a defendant criminally liable without having any intent to commit a crime. The sole issue on appeal is the...

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