An intoxicated driver recklessly drove his vehicle into a car being driven by a woman who was

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An intoxicated driver recklessly drove his vehicle into a car being driven by a woman who was seven months pregnant. As a result of the accident, the woman’s baby was born prematurely, suffered from extensive brain damage, and died two days later. The state law defines a person as an individual “who has been born and is alive.” Nevertheless, the state prosecuted the intoxicated driver, and a jury found him guilty of manslaughter. Do you think an appellate court should uphold the defendant’s conviction? Why or why not?

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Criminal Law And Procedure

ISBN: 9780495095484

6th Edition

Authors: John M Scheb, John M Scheb II

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