- The defendant stabbed his girlfriend, who was 24 weeks pregnant
- Fewer than 3 weeks’ later, the girlfriend gave birth severely prematurely due to the stabbing
- Although the girlfriend healed, as a result of prematurity, the baby died 121 days after its birth
- Could the defendant cause the death of the baby?
- An embryo is not an integral part of its mother
- A child cannot be killed until it has lived outside of its mother
- Transferred malice is outdated, therefore the defendant did not murder the baby
- The defendant, subject to proof by prosecution, could cause the death of the baby by way of unlawful act manslaughter; the unlawful act need not be aimed at the final victim