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COM. v. BOOTH

766 A.2d 843 (2001)

COMMONWEALTH of Pennsylvania, Appellee, v. Jeffrey Robert BOOTH, Appellant.

Supreme Court of Pennsylvania.

Decided February 20, 2001.

Attorney(s) appearing for the Case

Patrick J. Thomassey, Esq., Monroeville, Michael O. Bodinsky, Esq., Pittsburgh, for J. Booth.

Wayne B. Gongaware, Esq., Greensburg, Leo J. Ciaramitaro, Esq., Murrysville, for Com.

Before: FLAHERTY, C.J., and ZAPPALA, CAPPY, CASTILLE, NIGRO, NEWMAN and SAYLOR, JJ.

OPINION

SAYLOR, Justice.

The issue presented is whether the Commonwealth may rely upon the death of an unborn child as the predicate for the crime of homicide by vehicle while driving under the influence.

On June 29, 1997, a car driven by Appellant, Jeffrey Robert Booth, went through a stop sign and collided with a car being driven by Nancy Boehm. Both Mrs. Boehm, who was approximately 32 weeks pregnant...

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