State v. Hammett

Sognier, Judge.

The State Court of Gwinnett County sustained Catherine Cole Hammett’s general demurrer to the charged offense of homicide by vehicle in the second degree, OCGA § 40-6-393 (b), and the State appeals.

Appellee lost control of her car and collided with a vehicle in which Sarah Ferguson was a passenger. Ferguson was thirty-five weeks pregnant at the time. Ferguson was transported to a hospital and gave birth, through an emergency Caesarean section, to Isaac Ferguson Tolmach. The child lived approximately eleven hours before dying from the injuries he had received in the accident,…