KEELER v. SUPERIOR COURT

Docket No. Sac. 7853.

2 Cal.3d 619 (1970)

470 P.2d 617

87 Cal. Rptr. 481

ROBERT HARRISON KEELER, Petitioner, v. THE SUPERIOR COURT OF AMADOR COUNTY, Respondent; THE PEOPLE, Real Party in Interest.

Supreme Court of California. In Bank.

June 12, 1970.


Attorney(s) appearing for the Case

COUNSEL

Gard Chisholm, Don F. Howard and Richard A. Hunter for Petitioner.

No appearance for Respondent.

Thomas C. Lynch, Attorney General, Doris H. Maier, Assistant Attorney General, and Arnold O. Overoye, Deputy Attorney General, for Real Party in Interest.


OPINION

MOSK, J.

In this proceeding for writ of prohibition we are called upon to decide whether an unborn but viable fetus is a "human being" within the meaning of the California statute defining murder (Pen. Code, § 187). We conclude that the Legislature did not intend such a meaning, and that for us to construe the statute to the contrary and apply it to this petitioner would exceed...

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