People v. Brown

Opinion

WORK, Acting P. J.

Anthony Brown appeals a judgment after a jury convicted him of second degree murder of a human fetus (Pen. Code, 1 § 187, subd. (a)) and assault by means likely to produce great bodily injury (§ 245, subd. (a)(1)). He contends section 187 is unconstitutional as applied to his case; the trial court erred in failing to instruct the jury on the lesser included offense of manslaughter; the trial court erred in admitting testimony regarding his prior inconsistent statements when the witness/victim conceded the discrepancy; and, his conviction for second degree murder is…