Keeler v. Superior Court

2 Cal. 3d 619, 87 Cal. Rptr. 481, 470 P.2d 617 · Supreme Court of California · 1970

Criminal Law Assigned in 11 casebooks

Case brief summary

Rule

Murder laws only cover killing a 'human being,' meaning a fetus must be born alive. Courts cannot punish someone for a crime that wasn't clearly defined as illegal when they acted.

Facts

A man attacked his pregnant ex wife, hitting her stomach and face after learning she was pregnant by another man. The viable fetus died from the injuries and was stillborn.

Procedural history

The man was charged with murder. When the trial court refused to dismiss that charge, he asked the California Supreme Court to block the murder prosecution directly.

Issue

Does an unborn but viable fetus, meaning one developed enough to likely survive outside the womb, count as a 'human being' under California's murder statute?

Holding

The court held that the fetus was not a 'human being' under the murder statute, so the man could not be prosecuted for murder, though other charges could still proceed.

Reasoning

California's 1850 murder law required a victim to be born alive, and lawmakers never expanded it to cover fetuses. Courts, not judges, must create new crimes, so applying murder here would be unfair.

Opinions

Majority (Mosk): The fetus was not a 'human being' under the murder statute based on its history and wording, so expanding the law now would violate separation of powers and fair notice.

Dissent (Burke): Common law already treated a quickened or viable fetus as a form of human life deserving protection, so the majority's narrow reading defies the Legislature's intent and common sense.

Test yourself

Question 1 of 5

What did Keeler do to his ex-wife Teresa that led to the murder charge?

4 more questions in the full brief →
Cold call

The professor turns to you.

What were the facts of the altercation between Keeler and his ex-wife Teresa?
Try a cold call

In the full brief

The trap

On the exam

Other issues in this opinion

Unlock the full brief free