Keeler v. Superior Court

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Facts: D met his ex-wife on a deserted mountain road. She was pregnant from another man. He attacked her by kneeing her abdomen. The baby was born still born.

Reasons: Murder is the "unlawful killing of a human being, with malice aforethought." According to an 1850 statute, a fetus doesn't fit the definition of a human being, so he is not guilty of murder.

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