This section contains the nature of the case and procedural background.

Wickstrom (D) battered his ex-girlfriend, Hall, who was eight months pregnant. When Hall was admitted to the hospital signs of fetal distress were noted, and a Caesarean was performed. The child was stillborn. D was charged with illegally performing an abortion. The evidence showed that D intended to batter Hall but had not intended to produce a stillbirth. D was convicted and appealed; he had no intent to perform an abortion.

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