Newberry v. State

John A. Newberry was indicted for homicide by vehicle pursuant to § 32-5A-192, Code of Alabama 1975. The indictment alleged that Newberry unlawfully and unintentionally caused the death of one Patricia Logan in an automobile accident, by driving under the influence of intoxicating liquor, or by driving on the wrong side of the road, or both.

Newberry filed a motion to dismiss the indictment alleging that the statute upon which the indictment was predicated, §32-5A-192, was unconstitutional. (CR. 13-22). The trial court subsequently denied Newberry's motion to dismiss the indictment. (CR 23).

New…