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Roberts v. State

The defendant did not have the specific intent required under Penal Code ยง6.04(b)(2) to commit capital murder when he shot a pregnant woman and her 2-year-old, killing both, along with the unborn baby the woman was carrying. If the defendant did not know that the victim was pregnant, he could not form a separate specific intent to kill the fetus. Neither does the intent to kill the toddler, even if proven, transfer to the fetus. Roberts v. State - PD-1054-07.