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  5. 652 S.W.2d 61 (1983)
 

HOLLIS v. COM.

652 S.W.2d 61 (1983)

Robert Lee HOLLIS, Movant, v. COMMONWEALTH of Kentucky, Respondent.

Supreme Court of Kentucky.

As Modified on Denial of Rehearing July 6, 1983.

Attorney(s) appearing for the Case

Jack E. Farley, Public Advocate, Frankfort, C. Thomas Hectus, Gittleman & Barber, Louisville, for movant.

Steven L. Beshear, Atty. Gen., Eddie C. Lovelace, Sp. Asst. Atty. Gen., Penny R. Warren, Asst. Atty. Gen., Frankfort, for respondent.

Nan D. Hunter, New York City, Thomas Hogan, Louisville, for amicus curiae, American Civil Liberties Union Foundation.

LEIBSON, Justice.

Robert Lee Hollis is charged with murder in violation of KRS 507.020. This is a statutory offense committed when one intentionally or, under circumstances manifesting extreme indifference to human life, wantonly causes "the death of another person." The victim in this case was a fetus, alleged to be some 28-30 weeks old, carried in the body of Hollis' estranged wife.

Our decision is limited to whether Hollis can be charged with violating...

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