(Download) "People v. Guthrie" by Court of Appeals of Michigan " Book PDF Kindle ePub Free
eBook details
- Title: People v. Guthrie
- Author : Court of Appeals of Michigan
- Release Date : January 24, 1980
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 57 KB
Description
Thomas A. Guthrie was charged with negligent homicide arising from the death of an unborn child in an automobile accident
in which the mother's abdomen struck her vehicle's steering wheel. The Wexford Circuit Court, William R. Peterson, J., dismissed
the charge on the grounds that the death of an unborn fetus was not equivalent to the death of "another" within the meaning
of the negligent homicide statute. The people appeal. Held : It is not within the province of a court to change criminal statutes. That is the function of the Legislature. "Another"
in the statute refers to "person", and within the definition of "person" the Legislature has not included the unborn. The
rule which limits prosecutions for negligent homicide to cases involving the death of someone "born alive" is archaic and
should be abolished, but that is a matter for the Legislature not for a court.