Does Section 187 of the California Criminal Code, section 187 of which prohibits assault on a pregnant woman without her consent for the purpose of unlawfully killing her unborn child?

"Section 187 gives all persons of common intelligence ample warning that an assault on a pregnant woman without her consent for the purpose of unlawfully killing her unborn child can constitute the crime of murder." (People v. Apodaca, supra, 76 Cal.App.3d at p. 486, 142 Cal.Rptr. 830.) That fetus viability may be a question of fact, dependent upon the circumstances of the individual case, does not render the statute void for vagueness. Criminal statutes are resplendent with elements containing factual questions dependent upon the particular facts of the case. What we are concerned with here is whether an individual of common intelligence would recognize that his or her conduct is prohibited by section 187. We have determined the statute provides ample notice.