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03/04/93 STATE TENNESSEE v. CYNTHIA R. MORSE

March 4, 1993

STATE OF TENNESSEE, APPELLANT,
v.
CYNTHIA R. MORSE, APPELLEE



Roane County. E. Eugene Eblen, Judge. Vehicular Homicide.

Jones, Birch, Jr., Tipton

The opinion of the court was delivered by: Jones

The State of Tennessee appeals from a judgment of the trial court dismissing two counts of the indictment pending against the appellee, Cynthia R. Morse. The State presents one issue for review: "Whether the trial court correctly dismissed two counts of the indictment which charged the defendant with vehicular homicide?" *fn1

The judgment of the trial court is reversed, and this cause is remanded to the trial court for further proceedings consistent with this opinion.

The Roane County Grand Jury returned a four count indictment against Morse on October 22, 1991. The indictment alleged that on the 4th day of July, 1991, Morse (a) aided and abetted Jeffrey Glenn Best in the operation of a motor vehicle while he was under the influence of an intoxicant, (b) killed Jeffrey Glenn Best due to her criminal negligence, (c) killed Jeffrey Glenn Best by her conduct creating a substantial risk of death or serious bodily injury, and (d) killed Jeffrey Glenn Best as a result of "Cynthia R. Morse and Jeffrey Glenn Best's intoxication as operator of said automobile."

Morse filed a motion to dismiss counts three and four of the indictment. The motion alleged in part:

1. The indictment upon its face fails to establish a criminal offense in that it does not charge that the Defendant was in operation of an automobile, airplane, motor boat or other motor vehicle in causing the death of the decedent, Jeffrey Glenn Best, who was himself the operator of the motor vehicle involved. There is no allegation of "another" being ...


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