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CHRISTOPHER CHARLES MORRIS v. COMMONWEALTH OF KENTUCKY
State: Kentucky
Court: Court of Appeals
Docket No: 2001-CA-002595
Case Date: 09/12/2002
Plaintiff: CHRISTOPHER CHARLES MORRIS
Defendant: COMMONWEALTH OF KENTUCKY
Preview:RENDERED SEPTEMBER 13, 2002; 10:00 a.m.
NOT TO BE PUBLISHED

Commonwealth Of Kentucky

Court Of Appeals

NO. 2001-CA-002595-MR

CHRISTOPHER CHARLES MORRIS APPELLANT

APPEAL FROM PIKE CIRCUIT COURT

v. HONORABLE CHARLES E. LOWE, JR., JUDGE
ACTION NO. 01-CR-00114

COMMONWEALTH OF KENTUCKY APPELLEE

OPINION
REVERSING AND REMANDING
** ** ** ** **

BEFORE: BARBER, BUCKINGHAM, AND MILLER, JUDGES.

MILLER, JUDGE: Christopher Charles Morris brings this appeal
from a November 2, 2001 judgment of the Pike Circuit Court. We
reverse and remand.

In May 2001, the Pike County grand jury indicted
appellant upon two counts of capital murder, Kentucky Revised
Statutes (KRS) 507.020, and upon one count of assault in the
first degree, KRS 508.010. The charges grew out of the negligent
operation of a motor vehicle in Pike County on or about March 25,
2001. In the accident, Veronica Jane Thornsberry lost her life.
At the time, she was enceinte; the fetus was delivered dead. The

separate murder charges resulted from her death, and the death of
her viable fetus. The assault charge grew out of injuries to one
Troy Thornsberry, who was the spouse of Veronica Jane, and father
of the unborn.

Appellant filed a motion to dismiss Count II of the
indictment charging him with criminal homicide in causing the
death of the fetus.1 Therein, he argued that the fetus was
Download 2001-ca-002595.pdf

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