The prosecutor should argue that the baby was born alive (violently but still born alive) and still living outside the mother's womb. The baby's later death resulted from the assault. That child was legally a person at death and died due to a violent act of assault with a deadly weapon. I would prosecute, and as a juror, I would vote guilty.
I disagree. If the prosecutor plays some game with whether this baby was technicality born, having been removed from his mothers body prior to being killed, he would only be blunting public outrage. The topic of whether assaulting a pregnant woman and killing her baby constitutes murder has been voted on recently here in Colorado and the communists told us resoundingly that no it does not. If it comes to a vote again people need to be able to point to this poor woman and her baby.