State v. Gresens

The defendant claims the trial court erred in not directing a verdict of not guilty. The motion was based upon the ground the state had failed to prove the unborn child was alive at the time the defendant acted. “Abortion” is defined in sec. 940.04 (1), Stats., as an intentional destruction of an unborn child by any person other than the mother. An unborn child is defined in sec. 940.04 (6) as a human being from the time of conception until it is born alive. Thus of the three elements of the crime which must be proved beyond a reasonable doubt, namely, a living unborn child, a destruction and…