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Example: In a liquor store stick up in which the clerk shoots back at the hold up man and kills a bystander, the armed robber can be convicted of at least second degree murder. A charge of murder requires that the victim must die within a year of the attack. Death of an unborn child who is "quick" fetus is moving can be murder, provided there was premeditation, malice and no legal authority. Thus, abortion is not murder under the law. Example: Jack Violent shoots his pregnant girlfriend, killing the fetus. Manslaughter, both voluntary and involuntary, lacks the element of malice aforethought.

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Ct. 2429 1993, and cert. denied, 509 U. S. 930, 113 S. Ct. 2429 1993, and cert. denied, 509 U. S. 930, 113 S. Ct.