Legal Opinion

People v. Olson

Michigan Court of Appeals

Decided December 4, 1989No. Docket 116062PublishedCited by 9 opinions

1Opinion of the CourtR. 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 constitutionality of this statute. We reverse and remand for a trial.

This case arose out of an automobile accident which occurred on February…

2Cases cited3 opinions

  1. Morissette v. United StatesSupreme Court of the United States · 1952
  2. People v. McMurchyMichigan Supreme Court · 1930
  3. People v. McKeeMichigan Court of Appeals · 1995

3Cited by9 opinions

  1. People v. QuinnMichigan Supreme Court · 1992
  2. State v. HazelwoodAlaska Supreme Court · 1997
  3. People v. PaceMichigan Court of Appeals · 2015
  4. People v. HoltMichigan Court of Appeals · 1994
  5. People v. TrotterMichigan Court of Appeals · 1995

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