People v. Kurr
Court of Appeals of Michigan
654 N.W.2d 651 (2002)
Relevant factsFree
Kurr's boyfriend repeatedly punched her stomach despite her warning she was pregnant with sixteen-to-seventeen-week-old fetuses, and after he continued advancing on her, she fatally stabbed him; the trial court refused her requested defense-of-others jury instruction, ruling that theory applied only to living, born human beings and that her fetuses, being under twenty-two weeks, were not viable.
IssueFree
Whether a defendant who kills in the defense of an unborn and unviable fetus is entitled to a jury instruction on the defense of others.