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Keeler v. Superior
Court
2 Cal. 3d 619; 470 P.2d 617; 87 Cal. Rptr. 481 (1970)
(in bank)
(deletions
not indicated)
The "Point" of the Case
At its simplest
level, Keeler is about the born alive rule, its derivation and current
force. No teacher of Criminal Law
would use Keeler (or any case, or any assigned reading) to establish
this point.
At the next
level, Keeler is about sources of criminal law and the interplay of
"common law" and statute. It
leads to consideration of the meaning of the phrase "common law."
On a yet more
sophisticated level, Keeler is about judicial method, i.e., how
courts knead the raw material of the law to answer an issue.
Keeler
appears in half-dozen or more of the leading casebooks in Criminal Law, very
near the beginning of the course - it is often the first relatively complete
judicial opinion students read. The
casebook version might be only four to five printed pages.
This edited version, deleting many internal citations, is about 25%
shorter than the full version in the state reporter.
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