Legal Opinion

Pennsylvania v. M'Kee

Pennsylvania Court of Common Pleas, Alleghany County

Decided September 15, 1791PublishedCited by 48 opinions

SUSANNA M’KEE, a widow, was tried for the murder of her bastard child. The infant was found dead in the Monongahela river, on the 15th August last, with a stone to it, its head bruised, and marks of violence. This woman was suspected and examined : at first she denied, but afterwards confessed, having had a child.— She said she had buried her child, it having been dead born. Afterwards owned she had taken it up, and thrown it in the river.

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SUSANNA M’KEE, a widow, was tried for the murder of her bastard child. The infant was found dead in the Monongahela river, on the 15th August last, with a stone to it, its head bruised, and marks of violence. This woman was suspected and examined : at first she denied, but afterwards confessed, having had a child.— She said she had buried her child, it having been dead born. Afterwards owned she had taken it up, and thrown it in the river. One witness for the prisoner (a man suspected as the father of her child) proved, that, three months before its birth, she applied to him, when he was…

1Opinion of the Court

President. The 8th section of “the act for the advancement of justice, and more certain administration thereof,” passed in 1718, declares, that if any woman delivered of a bastard child “endeavour privately, by drowning or secret burying thereof, or any other way, so to conceal the death thereof, as that it may not come to light, whether it were born alive or not; except such *2mother can prove by one witness, that such child was born dead, she shall suffer death, as in the case of murder thus making concealment of its death evidence of such dead child being born alive, and killed by its…

2Cited by48 opinions

  1. ACOSTABoard of Immigration Appeals · 1985
  2. United States v. FarhaneCourt of Appeals for the Second Circuit · 2011
  3. Martin Vogel v. Harbor Plaza Center, LLCCourt of Appeals for the Ninth Circuit · 2018
  4. Commonwealth v. BoothSupreme Court of Pennsylvania · 2001
  5. United States v. Louisiana the Louisiana Boundary CaseSupreme Court of the United States · 1969

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