State v. McGaughey
South Dakota Supreme Court
Appeal from Circuit Court, Turner County. Hon. JoHN T. TVLemN, Judge. The defendant, J. W. McGaughey, was convicted of the crime of unlawfully, etc., using and employing an instrument upon the 'body of Lottie Henning, then pregnant with a quick child, •with intent to destroy such child, thereby causing the death of the mother, and he appeals.
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Appeal from Circuit Court, Turner County. Hon. JoHN T. TVLemN, Judge. The defendant, J. W. McGaughey, was convicted of the crime of unlawfully, etc., using and employing an instrument upon the 'body of Lottie Henning, then pregnant with a quick child, •with intent to destroy such child, thereby causing the death of the mother, and he appeals. (2) Under point two of the opinion, Appellant cited: State v. Kieffer, 17 S. D. 67; Ex parte Nesson, 25 S. D. 330; .State v. Barnes, 26 S. D. 268. Respondent cited: 'State v. Broderick (la.), 183 N. W. 310; State v. 'Caddy, 15 S. D. 167; 16 C. J. 264.…
1Opinion of the CourtSmith, J.
Appellant was convicted in the circuit court of Turner county upon an information charging that the accused— “willfully, unlawfully, and feloniously used and employed an instrument in and upon the body of Lottie Henning, a woman then .and there pregnant with a -quick child1, the true name of said instrument and the-manner of the use thereof -being to- this informant unknown, with intent thereby to destroy such child with which said -child said Lottie Henning was then and there pregnant, and the use and employment of said instrument was not then and there necessary to preserve the life of said…
2Cases cited1 opinion
- State v. CaddySouth Dakota Supreme Court · 1901
3Cited by6 opinions
- State v. PickeringSouth Dakota Supreme Court · 1975
- State v. PercySouth Dakota Supreme Court · 1965
- State of South Dakota v. ClarkSouth Dakota Supreme Court · 1940
- State v. MagnusonSouth Dakota Supreme Court · 1925
- City of Gregory v. ClausenSouth Dakota Supreme Court · 1959
1 more not listed; retrieve them via the Exa API.