State v. Chapman, 228 N.C. App. 449 (Aug. 7, 2013)

The trial court erred by granting the defendant habeas relief and dismissing two first-degree capital murder charges. The trial court concluded that the victims were previable fetuses that did not meet the born alive rule for murder. It thus dismissed the murder charges. The court concluded that this was error, reasoning that whether the fetuses could be deemed living persons within the meaning of the homicide statute was a factual issue for the jury.