Legal Opinion

State v. McNab

Superior Court of New Hampshire

Decided July 15, 1849PublishedCited by 6 opinions

• Motion for bail on the part of McNab, a prisoner, indicted for causing the death of a female by means used to procure a premature child-birth. The facts sufficiently appear in the opinion of the court.

1Opinion of the CourtGilchrist, C. J.

The prisoner stands charged, in the indictment, with having caused the death of Sarah H. Furber: in the first count, by administering a noxious drug; and in the second, hy the use of instruments, with the intent, in either case, to cause her to be prematurely delivered of a child with which she was then pregnant.

To attempt or to accomplish a purpose like the one imputed in the indictment to the prisoner, was a misdemeanor at common law, but does not appear to have been treated as a felony, unless possibly in very ancient times, except in cases in which the child, actually born alive, had *161peris…

2Cited by6 opinions

  1. State v. MilletteSupreme Court of New Hampshire · 1972
  2. In Re ThomasCourt of Criminal Appeals of Oklahoma · 1908
  3. State v. FurgalSupreme Court of New Hampshire · 2010
  4. Petition of StreeterSupreme Court of New Hampshire · 1972
  5. Hanback v. District of ColumbiaDistrict of Columbia Court of Appeals · 1943

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