State v. Hummel

NATURE OF THE CASE

Lowdermilk, J.

This case was transferred to this office from the Second District in order to help eliminate the disparity in caseloads among the Districts.

Plaintiff-appellant, State of Indiana (State), has perfected this appeal following the dismissal of two informations charging defendants-appellees, Clayton L. Hummel (Hummel), and Joseph D. Smith (Smith) 1 with causing the death of another while driving under the influence of intoxicating liquor. 2

FACTS

HUMMEL CASE:

At approximately 11:45 P.M., on September 16, 1974, Hum-mel was driving his automobile between 60-70 m.p.h.…