State v. Emerich
Supreme Court of Missouri
Appeal from St. Louis Court of Appeals. The indictment is sufficient under General Statutes, ■section 7, page 778 (2 Wag. Stat., sec. 7, chap. 42, art. 2.) now section 1288, Revised Statutes. The defendant attempted, without a design to effect death, to produce :an abortion, and the death of the woman ensued from such attempt. This was murder at the common law. 1 Hale’s Pleas Cr. (1 Am. Ed.) secs. 429, 430; Reg. v. Gaylor, 7 CoxCr. C. 253 ; 1 Whar. on Cr.
Read the full summary
Appeal from St. Louis Court of Appeals. The indictment is sufficient under General Statutes, ■section 7, page 778 (2 Wag. Stat., sec. 7, chap. 42, art. 2.) now section 1288, Revised Statutes. The defendant attempted, without a design to effect death, to produce :an abortion, and the death of the woman ensued from such attempt. This was murder at the common law. 1 Hale’s Pleas Cr. (1 Am. Ed.) secs. 429, 430; Reg. v. Gaylor, 7 CoxCr. C. 253 ; 1 Whar. on Cr. L. (8-Ed.) secs. 316, 390 ; Whar. on Horn. (2 Ed.) secs. 41, 192; Commonwealth v. Keeper of Prison, 2 Ashmead (Penn.) 227; Commomoealth v.…
1Opinion of the Court
Sherwood. J,
The indictment in this cause is as follows:
“ State oe Missouri, ) “City oe St. Louis, j
“St. Louis Criminal Court, March Term, 1879.
“ The grand jurors of the state of Missouri, within and for the body of the city of St. Louis, aforesaid, now here in court, duly empanneled, sworn and charged upon their oath, present that Charles P. Emerich, late of St, Louis City aforesaid, on the thirtieth day of December» *1131877, with force and. arms in and upon the body of one Maggie Gibbons, a woman there and then pregnant and big with child, in the peace of the state then and there being, did…
2Cases cited4 opinions
- State v. SewardSupreme Court of Missouri · 1868
- State v. HelmSupreme Court of Missouri · 1840
- State v. RossSupreme Court of Missouri · 1857
- State v. FeasterSupreme Court of Missouri · 1857
3Cited by10 opinions
- State v. FairlambSupreme Court of Missouri · 1894
- State v. FitzgeraldSupreme Court of Missouri · 1895
- State v. RosenblattSupreme Court of Missouri · 1904
- Weightnovel v. StateSupreme Court of Florida · 1903
- State v. FareMissouri Court of Appeals · 1890
5 more not listed; retrieve them via the Exa API.