FARMINGTON, January 8, 2002 (LSN.ca) – A man charged with murder who sought to escape double homicide charges by arguing that the unborn child he shot was not yet able to survive outside the womb and thus was not a “person” under the law, was thwarted Monday. State Judge Michael Allphin said the 1983 law which deems the slaying of an “unborn child” murder applies also to children in the womb who are not yet viable. Roger MacGuire, 47, is accused of shooting his ex-wife, Susan MacGuire, to death on Jan. 15, 2001. Prosecutors say he was angry about her pregnancy by her fiance and deliberately aimed at her unborn child. Judge Allphin agreed with prosecutors that the definition of a “person” in reproductive rights cases is not relevant in a criminal context. “Reproductive rights cases are simply inapplicable to restrict the state’s interest in protecting unborn life,” he said. See the AP coverage: https://dailynews.yahoo.com/h/ap/20020108/us/fetal_murder_2.html
News
UTAH JUDGE RULES SLAYING OF “UNBORN CHILD” IS MURDER EVEN BEFORE VIABILITY
FARMINGTON, January 8, 2002 (LSN.ca) – A man charged with murder who sought to escape double homicide charges by arguing that the unborn child he shot was not yet able to survive outside the womb and thus was not a “person” under the law, was thwarted Monday. State Judge Michael Allphin said the 1983 law which deems the slaying of an “unborn child” murder applies also to children in the womb who are not yet viable. Roger MacGuire, 47, is accused of shooting his ex-wife, Susan MacGuire, to death on Jan. 15, 2001. Prosecutors say he was angry about her […]
$