State v. Stevenson
Supreme Court of Vermont
Indictment under R. L., s. 4247, for attempt to procure an abortion, whereby the woman died. The respondent demurred generally to the indictment. Demurrer overruled, pro forma. The respondent then plead not guilty and a trial was had by jury, all at the September term, 1895, Franklin County, Munson, J., presiding. Verdict guilty.
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Indictment under R. L., s. 4247, for attempt to procure an abortion, whereby the woman died. The respondent demurred generally to the indictment. Demurrer overruled, pro forma. The respondent then plead not guilty and a trial was had by jury, all at the September term, 1895, Franklin County, Munson, J., presiding. Verdict guilty. The respondent excepted to the action of the court in overruling the demurrer and also took various exceptions during the trial, which are immaterial in view of the decision of this court. The demurrer should have been sustained. The counts contain no allegation that…
1Opinion of the CourtStart, J.
The respondent was tried on an indictment containing six counts, the last two of which were abandoned by the prosecution before the trial commenced. The respondent interposed a general demurrer to each count. The court pro forma overruled the demurrer and adjudged the indictment sufficient.
It is insisted by the respondent that the indictment is insufficient, in that it contains no averment that a miscarriage was not necessary to preserve the life of the woman. In each count, it is averred that the means employed, with intent to procure a miscarriage, were not necessary to preserve her life.…
2Cases cited2 opinions
- Bassett v. StateIndiana Supreme Court · 1872
- State v. StokesSupreme Court of Vermont · 1881
3Cited by2 opinions
- State v. MontifoireSupreme Court of Vermont · 1922
- State v. BevinsSupreme Court of Vermont · 1898