State v. Outen

Doyle, Judge.

The State appeals from the trial court’s grant of David Outen’s special demurrer as to Count 1 of the indictment charging him with homicide by vehicle in the first degree. Finding no error, we affirm.

The State charged in Count 1 that Outen committed homicide by vehicle in the first degree, alleging that he

without malice aforethought and while driving a motor vehicle on West Broad Street, unlawfully cause[d] the death of Trina Heard through the violation of OCGA § 40-6-390, Reckless Driving; in that said accused did drive said motor vehicle on said roadway in reckless disregard…