After getting into an argument over money with his girlfriend, Cynthia Hall, Donald Wickstrom (defendant) repeatedly hit, kicked and pulled the hair of Hall and his mother, Gayle Gonsoir. Hall was eight months pregnant with Wickstrom’s child at the time. Several of Wickstrom’s punches and kicks landed on Hall’s abdomen. Despite the pleas of both women to stop, Wickstrom continued his assault on both of them. After being examined at a hospital, Hall subsequently delivered a female child that exhibited no signs of life. Wickstrom was charged with second-degree felony murder, first-degree assault, and criminal abortion. At trial, Wickstrom testified that he had drunk six to eight beers at a bar on the afternoon of the altercation. However, Hall, Gonsoir, and police officers indicated that they saw no signs of intoxication at the time of the incident. Hall and Gonsoir testified that Wickstrom did not intend to abort the baby, only to harm them. Wickstrom was convicted on all counts and he appealed.