The Pennsylvania Supreme Court upheld a Wilkes-Barre man’s conviction under Pennsylvania’s fetal homicide statute, rejecting a claim the law is unconstitutional because it is too vague regarding the viability of a fetus.

The unanimous decision includes a concurring opinion by Justice Max Baer in which he cautioned that the court’s opinion should not be interpreted as an effort to define “a fetus as a life-in-being” or endorsing the notion that interrupting the gestational process is the killing of human life.