Docket No. S033327.

7 Cal.4th 797 (1994)

872 P.2d 591

30 Cal. Rptr.2d 50

THE PEOPLE, Plaintiff and Respondent, v. ROBERT A. DAVIS, Defendant and Appellant.

Supreme Court of California.

May 16, 1994.

Attorney(s) appearing for the Case


Francis J. Bardsley, Public Defender, under appointment by the Supreme Court, Jeffrey E. Thoma and Gary R. Nichols, Deputy Public Defenders, for Defendant and Appellant.

Daniel E. Lungren, Attorney General, George Williamson, Chief Assistant Attorney General, Gary W. Schons, Assistant Attorney General, M. Howard Wayne, Janelle B. Davis and Pamela K. Klahn, Deputy Attorneys General, for Plaintiff and Respondent.

John J. Meehan, District Attorney (Alameda) and William M. Baldwin, Assistant District Attorney, as Amici Curiae on behalf of Plaintiff and Respondent.



Penal Code section 187, subdivision (a), provides that "Murder is the unlawful killing of a human being, or a fetus, with malice aforethought." (All further statutory references are to the Penal Code unless otherwise indicated.) In this case, we consider and reject the argument that viability of a fetus is an element of fetal murder under the statute. As will appear, however, we also conclude that this holding...

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