Commonwealth v. Brown

SUGARMAN, J.,

We are called upon to determine whether a person causing the death of a 36-week-old fetus in útero may be charged with criminal homicide under the Crimes Code of Pennsylvania (“Crimes Code”).1 The question is posed within the framework of a petition for a writ of habeas corpus, filed by defendant who is presently incarcerated in lieu of bail upon charges of the murder and manslaughter of the fetus.

The facts giving rise to the instant charges are quickly gleaned from the transcript of defendant’s preliminary hearing, and for the purpose of deciding the narrow issue before us, were…