Beulah v. State

Appellant was charged with capital murder riam. of Heaven Pace, a fetus in its ninth month of gestation, and battery of the mother, Shiwona Pace. Appellant was charged under Act 1273 of 1999, the Arkansas Fetal Protection Act, which redefines “person” for purposes of the state’s homicide statutes to include a fetus beyond twelve weeks of development. See Ark. Code Ann. § 5-l-102(13)(B)(i)(b) (Supp. 1999). Ark. Code Ann. § 5-1-102(13) provides in pertinent part:

(B)(i)(a) For the purposes of §§ 5-10-101 — 5-10-105, “person” also includes an unborn child in útero at any stage of development;(b)…