yeah, I mistook which thread I was in
One of the first homicides I worked was actually a double (pregnant mother killed)
The statute in CA carves out an exception under their penal code for murder of a pregnant woman:
One defendant (Johnnie Ray Peraza was actually fairly charming; cold blooded killer but charming. I sat nwext to him for much of the trial.) kept joking with me that he wanted me to defend him. I could go on and on... his co-defendant Elisio Valdez had an attorney who was living with Peraza's attorney's ex-wife (or vice versa). On and on....
here's a link discussing the case
here's the statute
187. (a) Murder is the unlawful killing of a human being, or a
fetus, with malice aforethought.
(b) This section shall not apply to any person who commits an act
that results in the death of a fetus if any of the following apply:
(1) The act complied with the Therapeutic Abortion Act, Article 2
(commencing with Section 123400) of Chapter 2 of Part 2 of Division
106 of the Health and Safety Code.
(2) The act was committed by a holder of a physician's and surgeon'
s certificate, as defined in the Business and Professions Code, in a
case where, to a medical certainty, the result of childbirth would be
death of the mother of the fetus or where her death from childbirth,
although not medically certain, would be substantially certain or
more likely than not.
(3) The act was solicited, aided, abetted, or consented to by the
mother of the fetus.
(c) Subdivision (b) shall not be construed to prohibit the
prosecution of any person under any other provision of law.
In CA it doesn't matter if killer knew woman was pregnant (tranferred intent.. if you mean to kill Bob and shoot him and the bullet hits Bill after passing through Bill it is a second homicide even if you had no clue Bill was even in the same state)
In CA it doesn't matter if the fetus was unlikely to survive long enough to be born either.