State v. Curry

The state raises two questions for review: first, whether insanity is a defense to negligent vehicular homicide, and second, if insanity is a defense, whether Curry has established the defense by a preponderance of the evidence. We answer the first question in the affirmative and the second question in the negative. Accordingly, the judgment of the court of appeals is reversed, and the decision of the trial court is reinstated.

I

Appellee was charged with a violation of R.C. 2903.07(A), which provides in pertinent part: “No person, while operating * * * a motor vehicle, * * * shall negligently…