Kathy E <[EMAIL PROTECTED]> writes:
Hi Linda :)
>From looking at this, in reality the child is not considered a person
unless it's born. I would assume alive. Thus if it's injured during a
beating of the mother and born DOA I would think there is nothing they
could do about it, unless they can show the child took one breath on
it's own. Then they could go after the person who beat the mother and
caused the death of the baby.
I know they tried this in a DWI case in San Diego, a young lady was
killed by a man who was DWI she was 5 1/2 mos pregnant, the DA wanted to
charge the man with the death or her and her child, but they weren't
able to. The mother died instantly they tried to save the baby, but they
couldn't, the baby never breathed on his own. So they could only charge
him with the death of the mother.
Section 43.1 seems to be the major thing, the child has to be born alive
in order for any charges to be brought.
Linda D. Misek-Falkoff, Ph.D., J.D. wrote:
>
> "Linda D. Misek-Falkoff, Ph.D., J.D." <[EMAIL PROTECTED]> writes:
>
> H Bill - I am having a bit of trouble finding Susan's post of the civil
> statute. Here are two relevant paragraphs I had clipped out, suggesting
--
Kathy E
"I can only please one person a day, today is NOT your day, and tomorrow
isn't looking too good for you either"
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