Matthew v. State

The Defendant-Appellant, Charles Matthew, was charged by way of Grand Jury indictment in two counts. Count I alleged the offense of homicide while driving under the influence of intoxicating liquor within the meaning of IC 1971, 9-4-1-54, Ind. Ann. Stat. § 47-2001 (b) (1) (Burns 1965), which, in pertinent part, provides:

“Any person who while under the influence of intoxicating liquor . . . drives a vehicle, and when so driving causes the death of another person, is guilty of a felony. . . .”

Count II of the indictment alleged the offense of reckless homicide as defined in IC 1971, 9-4-1-54,…