Keeler v. Keeler Criminal Law

Keeler v. Superior Court Supreme Court of California PROCEDURAL HISTORY: Count against the defendant for committing murder (Pen.Code, §187). Defendant made a motion to set aside the information for lack of probably cause (Pen. Code. §995). Motion was denied and defendant seeks writ of prohibition FACTS: A man saw his ex-wife on a mountain road She was in an advanced stage of pregnancy by another man There had been movement seen by the fetus The defendant said “I hear you’re pregnant, you sure are. I’m going to stomp it out of you” He shoved his knee into her abdomen and struck her The baby was delivered stillborn with a fractured head ISSUE: Whether the fetus which the defendant is accused of killing was on Feb. 23, 1969 a “human being” within the meaning of the statute? HOLDING: Judicial enlargement of §187 would not be foreseeable to the defendant and adopting a new law would deny him due process DISPOSITION OF THE COURT: A human being is a person who had been born alive Against due process to charge someone for a legal act that is now said to be illegal “unforeseeable” was used to say that his act at the time would not have been found to be illegal and cannot punish for an act done in the past at a time when the act was not illegal until after it had been committed DISSENT: The baby reached 35 weeks of development and had a 96% chance of survival Medical testimony should have decided whether or not the fetus could have lived outside of the mother at that time Denying him “fair warning” is ridiculous