At 09:15 AM 6/7/04, Phil wrote:
>  if somebody accidentally dies somebody under the
>care of another, it's manslaughter

No, it's an accidental death.

Manslaughter requires that the act that results in the death be
unlawful.  In the case of a fetal death due to an unlawful act, either
Manslaughter, as the case of several women charged because they took drugs
during pregnancy, or Murder, as in the case of Scott Peterson, may
apply.  But a miscarriage due to no unlawful acts of the mother. would not
fall under either heading, and neither would abortion, which at this time
is legal.

The anti choice lobbyists may yell murder till the cows come home, but
legally, they are totally wrong

From Webster: Manslaughter: The unlawful killing of a human being without
malice or premeditation, either express or implied; distinguished from
murder, which requires malicious intent.

The distinctions between manslaughter and murder, consists in the
following: In the former, though the act which occasions the death be
unlawful, or likely to be attended with bodily mischief, yet the malice,
either express or implied, which is the very essence of murder, is presumed
to be wanting in manslaughter.
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