State v. Brown

This case is before the court on appeal from a judgment of the Huron County Court of Common Pleas that granted defendant-appellee Danny Brown’s motion to dismiss an indictment charging him with one count of involuntary manslaughter. Specifically, the lower court ruled that R.C. 2903.04, the statute proscribing involuntary manslaughter, is unconstitutional when the predicate offense is a minor misdemeanor traffic violation. From that judgment, appellant, the state of Ohio, raises the following assignment of error:

“It was error for the trial court to dismiss the indictment on the ground that…