Canton, OH -- An Ohio man accused of killing a 28-year-old pregnant woman and dumping her body will stand trial in the death of her 2 1/2-month-old unborn child.

A Stark County, Ohio, Common Pleas judge yesterday overruled a defense request to dismiss an involuntary manslaughter charge against LaMarr Parr of Massillon. Parr, 40, is charged with the Sept. 16 fatal stabbing of his ex-girlfriend, Jean K. Toles. His trial is scheduled to begin Dec. 11 before Judge Sara Lioi.

Ohio amended its involuntary manslaughter statute, effective in 1996, to include ``the unlawful termination of another's pregnancy as a proximate result of the offender's committing or attempting to commit a felony.''

Parr's court-appointed attorney, April Bible, argued that the charge was unconstitutional because a nonviable unborn child is not a person and does not have rights independent of the mother.

Lioi wrote that the legislature ``acted well within its discretion when it decided to provide appropriate penalties for the crime of involuntary manslaughter which involves the termination of fetal life.'' She ruled that at least as it applies to the Parr case, the statute is constitutional.

Parr is accused of fatally stabbing Toles as they fought inside a car less than 100 feet from the home of Parr's father, with whom the defendant had been living. Her body was dumped in a ditch and was found the next afternoon by two bicyclists. Parr was arrested in Detroit nine days after her body was found.