James Alvin Trimnell v. State of Indiana

[1] James Alvin Trimnell brings this interlocutory appeal from the trial court's order denying his motion to dismiss a charge of felony murder. 1 We reverse and remand.

Issue

[2] Trimnell raises the following issue for our review which we restate as: whether, in this particular case, the trial court abused its discretion by denying his motion to dismiss and "holding that the felony murder statute applies to the person who delivers a narcotic drug to another person who later administers the narcotic drug to another person who subsequently dies."

Facts and Procedural History

[3] The factual…