Do appellate court should uphold defendants conviction


Problem:

An intoxicated driver recklessly drove his vehicle into a car being driven by a woman who was 7 months pregnant. The woman survived, but as a result of the collision, the woman's baby was born prematurely, suffered from extensive brain damage, and died 2 days later. The state law defines a person as an individual "who has been born and is alive." The state prosecuted the intoxicated driver for the baby's death, and a jury found him guilty of manslaughter.

How do you feel about this? Do you think the man is guilty? Do you think an appellate court should uphold the defendant's conviction? Why, or why not?

 

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