California Court of Appeal

Conviction for first degree murder and second degree murder of victim's unborn fetus is affirmed over claim that the trial court committed reversible error by giving the prosecutor's special instruction that knowledge of the fetus's existence was not a prerequisite to a murder conviction. Trial court committed reversible error by misinstructing the jury on murder of a fetus.

Appellate Information

• Decided 09/10/2008
• Published 09/10/2008

Judges

• ROBIE, J.

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• Edmund G. Brown, Jr., Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Michael P. Farrell, Senior Assistant Attorney General, Catherine Chatman and John G. McLean, Deputy Attorneys General, for Plaintiff and Appellant.


• For Appellees:
  
• Jeffrey S. Kross, under appointment by the Court of Appeal, for Defendant and Appellant.