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Murder Charge Case Analysis

Gary Nelson has been charged with murder, assault and battery. His Girlfriend Jennifer Taylor, was seen seven months pregnant. Last November 12th, 2010, while in their home, Gary and Jennifer got into an argument. They struggled and Jenny fell down a flight of stairs. After examination at St. Bard's Hospital, it was determined that the fetus was no longer alive.

You work for Gary Nelson;s defense counsel, Wally Seawald, Esq. Mr. Seawald is starting trial in several trial in several weeks. However, he is thinking about making a motion to dismiss the people's case before the trail judge.

***Deal with the limited issue of whether the murder charge, in relation to the fetus, is valid.

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Issue: The issue in this case is to whether or not the struggle that ensued between Gary Nelson and Jennifer Taylor, that resulted in a fall down a flight of stairs, and the death of her fetus, constitutes murder on the part of Gary Nelson. In effect, is the murder charge against Gary Nelson in relation to the fetus's death valid.

Relevant Law: under United States legal codes, for an incident to be considered a murder an individual must have premeditatedly (malice and aforethought), unlawfully taken the life of another individual. Manslaughter is legally defined as an ...