"Clark confused the common law of abortion (which never placed emphasis on viability with tort law developments in the twentieth century (when some judges adopted viability as a marker.) His claim that “[n]o prosecutor has ever returned a murder indictment charging the taking of the life of a fetus” showed his utter misunderstanding of the criminal law and its practical application: injuries inflicted on a child “in utero” could be prosecuted as homicide as long as the child died outside rather than inside the womb. As a legal matter, that necessarily meant that the child injured inside the womb was the same child who died outside the womb-the same entity inside as outside. In fact, in March 1969 (just a few months before Clark’s article was published), a prosecutor in the Keeler case indicted a California man for brutally beating his ex-wife and killing her unborn child “in utero”. Such cases had been prosecuted in other states, and statutes that treated abortion as homicide existed in several states."