In Billingsley v. State, 183 Ga. App. 850 (360 SE2d 451) (1987) the defendant was convicted of vehicular homicide based on evidence that she had caused the death of another person, i.e., an unborn child, while driving under the influence of alcohol. Billingsley held although an unborn fetus may be included within the definition of "person" in personal injury or wrongful death civil actions, an unborn child could not be considered a person within the meaning of the vehicular homicide statute. Id. at 851-852 (1). Billingsley gave essentially two reasons for this holding. First, a penal statute must be construed strictly in favor of the accused. Second, an unborn fetus was not considered a "person" at common law. Id.