State v. Dailey

In this case the trial court dismissed a negligent homicide charge prior to trial. The Court of Appeals reversed the trial court and remanded the cause for trial. We reverse the Court of Appeals.

On February 10,1975, defendant David Dailey and Terry Pope were in an automobile which crossed the highway centerline striking another vehicle and killing its driver. Two and one half years later an information was filed charging both Dailey and Pope with negligent homicide.

At an omnibus hearing conducted on September 23, 1977, the State was ordered to provide Dailey with certain information including…