State v. Moore
Supreme Court of Iowa
Appeal from Des Moines District Court. Murder : abortion : evidence, etc. — The defendant is indicted for murder in the second degree. The indictment charges, in substance, that the defendant, by means of medicines administered and instruments used to and upon Mrs. Sarah Grant, with intent to produce and procure an abortion (she being then quick with child), caused her death, etc. No question is made upon the form of the indictment.
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Appeal from Des Moines District Court. Murder : abortion : evidence, etc. — The defendant is indicted for murder in the second degree. The indictment charges, in substance, that the defendant, by means of medicines administered and instruments used to and upon Mrs. Sarah Grant, with intent to produce and procure an abortion (she being then quick with child), caused her death, etc. No question is made upon the form of the indictment. It is distinctly alleged that the defendant used the medicines and instruments when the same were not necessary to preserve the life of the woman, and with the…
1Opinion of the Court
Dillon, Ch. J.
1. criminal law: abortion: murder, I. The leading question made 1|y j£ce defendant’s counsel is, that, conceding the Mrs. Grant medicines and used instrur&nts , - _ . purposely to produce an abortion, yet, if death happened therefrom when not intended or contemplated by him, this is not murder, unless it was done by assault or against her will. Substantially this question is presented by the demurrer to the indictment, by the instructions given and refused, and by the motion for a new trial.
Refusing to charge in conformity with the'defendant’s proposition as above stated, the…
2Cases cited4 opinions
- Starks v. PeopleNew York Supreme Court · 1847
- Abrams v. FosheeSupreme Court of Iowa · 1856
- Estes v. CarterSupreme Court of Iowa · 1860
- State v. GuyerSupreme Court of Iowa · 1858
3Cited by34 opinions
- Dobbs v. Jackson Women's Health OrganizationSupreme Court of the United States · 2022
- State v. LewisWest Virginia Supreme Court · 1949
- State v. CaterSupreme Court of Iowa · 1897
- Worthington v. StateCourt of Appeals of Maryland · 1901
- People v. SessionsMichigan Supreme Court · 1886
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