Quimbee logo
DMCA.com Protection Status
From our private database of 16,400+ case briefs...

Keeler v. Superior Court

California Supreme Court
470 P.2d 617 (1970)

Keeler v. Superior Court


Robert Keeler (defendant) and his wife Teresa Keeler obtained a divorce. At the time of the divorce, Teresa was pregnant with Ernest Vogt’s child. When Robert learned of Teresa’s pregnancy, he told Teresa he would “stomp [the fetus] out of [her]” and physically attacked her. Teresa suffered substantial facial and abdominal injuries. An emergency caesarian section was performed, but the fetus was stillborn with a fractured skull. Medical testimony established that the fetus had been viable before the attack. Robert was charged with assault and the willful infliction of traumatic injury against Teresa, and with the murder of Baby Girl Vogt. Robert filed a petition to the California Supreme Court for a determination of whether an unborn but viable fetus was a human being within the meaning of the California statute defining murder as the unlawful killing of a human being with malice aforethought.

Rule of Law


Holding and Reasoning (Mosk, J.)

Dissent (Burke, C.J.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.

  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.

Here's why 375,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 16,400 briefs, keyed to 223 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.

Questions & Answers

Have a question about this case?

Sign up for a free 7-day trial and ask it

Sign up for a FREE 7-day trial