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Home / Opinions / Courts / 8th U.S. Circuit Court of Appeals / Criminal Law: Involuntary Manslaughter-Newborn Death Due to Drug Toxicity-Motion to Dismiss Indictment

Criminal Law: Involuntary Manslaughter-Newborn Death Due to Drug Toxicity-Motion to Dismiss Indictment

After the death of her newborn due to combined drug toxicity, defendant was charged with involuntary manslaughter. Defendant successfully moved to dismiss the indictment on grounds that the charged offense did not cover her conduct. The government appealed from the dismissal of defendant’s indictment. Where defendant’s child was born alive, he qualified as a “human being” ...