an assailant had shot Tammy Skinner in the stomach on the day she was to give birth, killing her baby, he could have been prosecuted.
Because she shot herself earlier this year, however, General District Court Judge James A. Moore decided Monday that she can’t be tried for producing a miscarriage or abortion, and he dismissed the felony charge.
Skinner’s attorney argued at a preliminary hearing that the charge is meant to be used against a third party and that the same offense with similar wording has been tested in courts in both Florida and Georgia and failed. It simply does not govern an expectant mother doing something to herself, Kevin E. Martingayle said.
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