State v. Cornelius

The state appeads the dismissal of two counts of homicide against Maurice Cornelius at the completion of the preliminary hearing. Cornelius' homicide charges stem from an auto accident that fatally injured a fetus. The pairties dispute whether the fetus died prior to or after its birth. The trial court held that the fetus was not born adive amd therefore could not be considered the victim of a homicide. The court also found that even if the infant had survived for some period independently of his mother, as a matter of law no homicide had been committed. We disagree and accordingly reverse…