State v. Conner

ALLBEE, Justice.

This appeal by the State from trial court’s dismissal of an indictment against defendant Jim Conner requires our determination of the element of culpability intended by subsection 707.5(1), Supplement to the Code 1977. That section provides: “A person commits a class ‘D’ felony when the person unintentionally causes the death of another person by the commission of a public offense other than a forcible felony or escape.”

The indictment in question accused defendant of violating subsection 707.5(1) by unlawfully and unintentionally causing the death of Frank Matijevich as a…