STATE v. McCALL

No. 84-568.

458 So.2d 875 (1984)

STATE of Florida, Appellant, v. Norma Willis McCALL, Appellee.

District Court of Appeal of Florida, Second District.

November 14, 1984.


Attorney(s) appearing for the Case

Jim Smith, Atty. Gen., Tallahassee, and Katherine V. Blanco, Asst. Atty. Gen., Tampa, for appellant.

Jerry Hill, Public Defender, and Michael E. Raiden, Asst. Public Defender, Bartow, for appellee.


GRIMES, Judge.

This appeal raises the question of whether a viable full-term fetus is a human being within the definition of the crimes of DWI manslaughter and vehicular homicide.

Appellee was involved in an automobile accident resulting in the death of Jeanette Umbel. At the time of her death, Ms. Umbel was in labor with a full-term viable fetus. As a result of the accident, the fetus was stillborn, having never lived independently of his mother's body and...

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