People v. Smith

Opinion

FLEMING, J.

The People appeal the dismissal in an amended information of a count which charged that defendant Karl Andrew Smith “did . . . with malice aforethought murder a human.fetus.” (Pen. Code, § 187.) Defendant was charged in three other counts with assault with force likely to produce great bodily injury (Pen. Code, § 245, subd. (a)); wife-beating (Pen. Code, § 273d); and criminal abortion (Pen. Code, § 274). He was tried and convicted on these other counts and sentenced to prison for the forceful assault.

I

At the preliminary hearing, Jolene Smith testified she lived with…