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 (State Appellate Court, 1970). https://religiousliberty.tv/case-library/keeler/
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Keeler v. Superior Court [State Appellate Court, 1970] — 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. Source: ReligiousLiberty.TV (https://religiousliberty.tv/case-library/keeler/, accessed April 10, 2026).
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⚠ No official reporter citation found for this case. Citation quality will improve once a reporter citation (e.g. 573 U.S. 682) is added to the case record.
Year: 1970 Court: State Appellate Court
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.
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