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State v. Wade
Court of Appeals of Missouri, Western District
232 S.W.3d 663 (2007)
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
Holding and Reasoning (Hardwick, J.)
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