State v. Wade
Court of Appeals of Missouri, Western District
232 S.W.3d 663 (2007)
- Written by Craig Conway, LLM
Facts
Janet Wade (defendant) gave birth to her son, T.L.W. Both Wade and her son tested positive for marijuana and methamphetamine. The State of Missouri (plaintiff) filed a felony information against Wade for first-degree child endangerment. The applicable statute states that a person commits first-degree child endangerment by “knowingly act[ing] in a manner that creates a substantial risk to the life, body, or health of a child less than seventeen years old.” Wade filed a motion to dismiss the charge. Following a hearing on the motion, the circuit court dismissed the felony information concluding that the child endangerment statute did not apply to parental conduct involving an unborn child. The state disagreed and argued that a “child” includes an unborn child at the moment of conception. The state appealed to the court of appeals.
Rule of Law
Issue
Holding and Reasoning (Hardwick, J.)
What to do next…
Here's why 815,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 46,300 briefs, keyed to 988 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.