Does the definition of manslaughter include the unlawful killing of a fetus without malice aforethought?
California, United States of America
The following excerpt is from People v. Breverman, 19 Cal.4th 142, 77 Cal.Rptr.2d 870, 960 P.2d 1094 (Cal. 1998):
Neither in that year nor thereafter was manslaughter expanded in its statutory definition to include the unlawful killing of a fetus without malice aforethought. Indeed, just months ago, we held that manslaughter excluded a fetus as a victim. (People v. Dennis (1998) 17 Cal.4th 468, 505-506, 71 Cal.Rptr.2d 680, 950 P.2d 1035.)
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