Holding: A viable fetus is not considered a 'human being' under California's murder statute, Penal Code § 187, because the Legislature did not intend to include fetuses when the statute was enacted in 1872.
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Keeler v. Superior Court is a case decided by the State Appellate Court in 1970. The court held that a viable fetus is not considered a 'human being' under California's murder statute, Penal Code § 187, because the Legislature did not intend to include fetuses when the statute was enacted in 1872.