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ladybug1259 t1_j9ouixq wrote

Reply to comment by giabollc in World's oldest appellate court rules on infidelity and murder charges by Hoosac_Love

If you actually read the decision, the girlfriend was less than a week from her due date with a viable fetus. Fetus would have been a living human within a few days and died solely because this guy stabbed the mother repeatedly in her vital organs and it was dependent on her blood supply. His argument was that because by luck he didn't actually stab the fetus directly it shouldn't be murder.

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giabollc t1_j9pm8md wrote

I was talking in general. If she were 2 months pregnant it would still be considered murder.

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ladybug1259 t1_j9pohqq wrote

No it wouldn't in Massachusetts. The line for wrongful death and murder of a fetus is based on viability of the fetus on the logic that it's not a meaningful distinction if someone's 8 1/2 months pregnant and killed in a way that the fetus is seriously injured and dies of injuries after birth or killed before birth. There's case law on this for wrongful death and vehicular homicide. Commonwealth v. Cass (1984) and Mone v. Greyhound Lines (1975).

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LackingUtility t1_j9rv322 wrote

But your legal citations ruin his anti-choice argument! That’s nOt FaIr!

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