Commonwealth v. Booth

OPINION

SAYLOR, Justice.

The issue presented is whether the Commonwealth may rely upon the death of an unborn child as the predicate for the crime of homicide by vehicle while driving under the influence.

On June 29,1997, a car driven by Appellant, Jeffrey Robert Booth, went through a'stop sign and collided with a car being driven by Nancy Boehm. Both Mrs. Boehm, who was approx imately 32 weeks pregnant, and her husband, a passenger in the car, were seriously injured, and their unborn child died in the womb as a result of the blunt force trauma sustained by Mrs. Boehm. Appellant’s blood alcohol…