People v. Taylor

Opinion

BROWN, J.

A defendant shoots a woman, killing her. As a result, her fetus also dies. In the absence of evidence the defendant knew the woman was pregnant, may the defendant be held liable for the second degree implied malice murder of the fetus? We conclude he may, and therefore reverse the judgment of the Court of Appeal.

I. Facts and Procedural Background

The following facts are taken largely from the Court of Appeal opinion. Defendant Harold Wayne Taylor and the victim, Ms. Patty Pansier, met in the spring of 1997. They dated and then lived together along with Fansler’s three children.…