November 22, 2007

Not Murder if Committed by a Doctor

Filed under: Abortion,Ethics,Politics,Trials/Lawsuits — acepundit @ 3:53 pm
Tags: , , ,

Here we have an interesting ruling by a Texas Appeals Court that allows the killing of a fetus to be prosecuted as murder, regardless of the fetus’ stage of development, so long as the killing isn’t the result of an abortion:

Wednesday’s ruling by the Court of Criminal Appeals rejected an appeal by Terence Lawrence, who said his right to due process was violated because he was prosecuted for two murders for killing a woman and her 4- to 6-week-old fetus.

The court ruled unanimously that state laws declaring a fetus an individual with protections do not conflict with the U.S. Supreme Court’s Roe v. Wade ruling that protects a woman’s right to an abortion.

Lawrence was convicted of capital murder and sentenced to life for the 2004 shooting death of his girlfriend, Antwonyia Smith, and the couple’s unborn child. Lawrence shot Smith after learning she was pregnant with his child, according to court documents.

Surely there is no one out there to sympathize with Terence Lawrence for slaying his girlfriend because she was pregnant with his child. But did he murder his unborn child?

Murder is defined as the premeditated, deliberate killing of another human being. By definition the Texas court applies the human being label to unborn fetuses if it can be considered murder to kill one.

Is abortion not the premeditated, deliberate killing of another human being (as unborn children are human beings according to Texas)? Abortion is premeditated, deliberate, and results in a death; therefore we must conclude for the first time that in some instances murder is permissible.



  1. Eventually, we’ll have to have a formal definition of protected human life, maybe by constitutional amendment. That will put an end to all the arguments…except that leftists never stop arguing, do they?

    Comment by Fetiche Nouvelle — December 2, 2007 @ 7:11 pm | Reply

  2. It doesn’t matter if he knew she was pregnant or not. Under the Felony Murder doctrine, if you commit a dangerous felony, then you are held liable for any death that results during the comission of that felony. For example, if you are fleeing from a bank robbery in a car, and you accidentally run over a pedestrian, then you just committed felony murder because (1) You were in the comission of a dangerous felony (i.e. the robbery); and (2) you caused a death during the felony. It makes NO DIFFERENCE that you didn’t intend to kill the guy. Moreover, you are even liable for felony murder for deaths that results from your co-conspirators! Thus, if you and 3 other guys are robbing a bank, and one of the guys goes crazy and shoots a couple people in the bank, then YOU are held liable for murder even though you never pulled a trigger.

    So you might ask, “How does this relate to this story?” Simple. Terence Lawrence committed a dangerous felony when he murdered the pregnant woman. During that murder, he caused the death of another “individual,” the unborn child as defined by the Texas Penal Code. It doesn’t matter if he delibertly tried to kill the baby or if he had no clue she was pregant. The point is that death resulted to an individual during the course of a dangerous felony. So now he has committed TWO murders (the first degree murder of the mother AND the felony murder of the unborn child). Under Texas law, the murder of more than one person in a single transaction is Capital Murder, punishable by either Death or Life in prison.

    So at the end of the day, this guy is screwed.

    Comment by Scott — July 11, 2008 @ 11:48 am | Reply

  3. he knew she was pregnant it was premeditated, to be honest he should have received the death penalty, its 5 years later and we are still grieving. hHer life was cut short and so was her unborn child. may she and the baby forever rest in peace. the 5 year aniversary of their death is approaching. and justice still hasnt been served!

    Comment by justice for abigal — September 2, 2009 @ 12:26 am | Reply

  4. Love you antwonyia,

    Comment by justiceforabigal — September 2, 2009 @ 12:27 am | Reply

    • yes he did know she was pregnant it was the damn drugs terrence was taking when he killed my bf….i hate him for that….better believe i couldnt let him walk free knowing he is the only one that would do something so horrible to her like that…we all went to skool together!!!tragic..i love and miss u ducy

      Comment by precious — March 10, 2012 @ 1:22 am | Reply

      • Terence is a very good person and for you to assume something in a matter in which you have no details nor were you present shows your level of maturity and exactly where your head is. If he killed her, where is the physical evidence to prove so? I have nothing against her at all and Lord rest her soul but you all should be looking for physical evidence versus putting a “suspect” behind bars

        Comment by Naudra Smith — March 7, 2013 @ 9:18 am

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    Comment by prescription glasses for dogs — January 13, 2013 @ 8:42 am | Reply

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