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COMMONWEALTH v. BROWN

No. 187477.

6 Pa. D. & C. 3d 627 (1978)

Commonwealth v. Brown

Common Pleas Court of Chester County, Pennsylvania.

March 14, 1978.

Attorney(s) appearing for the Case

Robert C. Houpt, for Commonwealth.

John J. Duffy, for defendant.

SUGARMAN, J., March 14, 1978.

We are called upon to determine whether a person causing the death of a 36-week-old fetus in utero may be charged with criminal homicide under the Crimes Code of Pennsylvania ("Crimes Code").1 The question is posed within the framework of a petition for a writ of habeas corpus, filed by defendant who is presently incarcerated in lieu of bail upon charges of the murder and manslaughter of the fetus....

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