People v. Guthrie

Did the trial court err in dismissing a charge of negligent homicide, MCL 750.324; MSA 28.556, against defendant on grounds that the death of an unborn but viable nine month fetus was not equivalent to the death of "another” within the meaning of that term as used in the statute? This question of first impression in Michigan arises on the following facts.

On August 8, 1978, at approximately 5 p.m., defendant drove his pickup truck across four lanes of traffic on US 131 in Cadillac striking an automobile being driven by Brenda Tucker in the northbound curb lane. The collision caused Mrs.…