Legal Opinion · Dissent

People v. McKean

California Court of Appeal

Decided December 31, 1925No. Docket No. 1284Published

1DissentCraig, J.

I dissent. No rule is better established as an aid to statutory interpretation and construction than that known as ejusdem generis. On the other hand, its limita tions and exceptions are equally well recognized. To my mind, the instant case as charged and proved is unquestionably within the inhibition of section 317 of the Penal Code. The defendant personally and verbally solicited the opportunity to produce a miscarriage, and this the statute makes a criminal offense by the use of the words “or otherwise,” following the provisions “who offers his services by any notice, advertisement.”

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2Cases cited28 opinions

  1. Commonwealth of Ky. v. DENNISON, GOVERNOR, &C.Supreme Court of the United States · 1861
  2. Willis v. MabonSupreme Court of Minnesota · 1892
  3. Misch v. RussellIllinois Supreme Court · 1891
  4. National Bank of Commerce v. RipleySupreme Court of Missouri · 1901
  5. Rawson v. StateSupreme Court of Connecticut · 1848

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