In 1967, Danno the Defendant was charged by the prosecution for murder.Assume all Constitutional protections regarding indictment are accomplished correctly and Danno is charged with murder.The facts are:Danno was really angry at his girlfriend for becoming pregnant.His girlfriend, Sasha, waited until she was four months pregnant.In a fit of jealous anger, he punched Sasha in her stomach, which the fetus sustained traumatic injuries and was still born.Sasha recovered from her injuries with no issues. The prosecution seeks a conviction under the following CaliforniaPenal Code section 187 provides: "Murder is the unlawful killing of a human being, with malice aforethought."The definition of human being in the Calfornia Penal Codein 1967 stated that "A human being is a person that is naturally born and has survived child birth."Can the prosection prove all of the elements of California Penal code section 187 and convince a jury to convict Danno for murder?