Commonwealth v. Cass

This case presents the question whether a viable fetus is a “person” for purposes of our vehicular homicide statute, G. L. .c. 90, § 24G. At the request of both parties, a judge of the District Court reported the case to the Appeals Court on a statement of agreed facts. Mass. R. Crim. P. 34, 378 Mass. 905 (1979). We transferred the case here on our own motion. We decide that a viable fetus is a person for purposes of G. L. c. 90, § 24G. However, because our decision may not have been foreseeable, we do not apply it to this case or to other homicides occurring before the date of this decision.

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