CB Keeler v Superior Court - Keeler v. Superior Court. 470...

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Keeler v. Superior Court. 470 P.2d 617 (Cal. 1970) Fact: Procedural Facts: Went through District Court. Then Appealed at the Superior court Operative Facts: Keeler, whom was talking about divorce with his wife Mrs. Keeler, found out Mrs. Keeler was pregnant with another person’s baby (Vogt). He kneed her and abused her, and killed the baby inside her. Charged on counts of killing human being (but that got overturned), traumatic injury upon wife, and means of force likely to produce great bodily injury. Originally got overturned because of the language of human being and fetus. Fetus was 96% viable being a 35 week old fetus. Issue: Broad Question: Should modified penal codes or new penal codes be applied to actions previous commited? Narrow Question: If the law states that fetuses are not viable and should newly be part of the penal code in terms of homicide, should it affect previous killers, whom killed fetuses? Holding:
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This note was uploaded on 10/18/2011 for the course CRIM LAW 110 taught by Professor Wade during the Spring '11 term at California Western School of Law.

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