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STATE v. BLACK

No. 92-2325-CR.

188 Wis.2d 639 (1994)

526 N.W.2d 132

STATE of Wisconsin, Plaintiff-Appellant, v. Glenndale BLACK, Defendant-Respondent.

Supreme Court of Wisconsin.

Decided December 14, 1994.

Attorney(s) appearing for the Case

For the plaintiff-appellant the cause was argued by Thomas J. Balistreri, assistant attorney general, with whom on the briefs was James E. Doyle, attorney general.

For the defendant-respondent there was a brief (in the court of appeals) by John Miller Carroll and John Miller Carroll Law Office, Milwaukee and oral argument by John Miller Carroll.

Amicus curiae brief was filed (in the court of appeals) by Charles H. Barr and Chernov, Croen, Stern & Burbach, S.C., Milwaukee for the American Civil Liberties Union of Wisconsin Foundation.

WILLIAM A. BABLITCH, J.

Glenndale Black (Black) was charged under sec. 940.04(2)(a), Stats., for destroying the life of his unborn quick child by violently assaulting his wife five days prior to her anticipated delivery date. The statute states, in relevant part, that any person other than the mother who "intentionally destroys the life of an unborn quick child" may be imprisoned not more than 15 years. The alleged assault consisted of grabbing her by the hair, pulling...

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