Court of Appeals of Michigan
654 N.W.2d 651 (2002)
On October 9, 1999, Kurr (defendant) stabbed and killed Pena, her boyfriend, when he began punching her stomach. She warned him to stop because she was pregnant with his children. Instead, he approached Kurr again. In response, she stabbed him in the chest. At the time, Kurr’s babies were sixteen to seventeen weeks old. At trial, Kurr requested that the trial court instruct the jury on the defense of others. The trial court refused, stating that the defense of others theory only applies to living human beings, and that a fetus younger than twenty-two weeks is not yet viable and therefore may not form the basis of a defense of others theory.
Rule of Law
Holding and Reasoning (Meter, J.)
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