State v. Brown
New York Court of General Session of the Peace
Indictment for Abortion alleging, in substance, that the accused, with the intent to procure the miscarriage of one Mary Tibbett, a young married, pregnant woman, supposed by the accused to be pregnant, did administer and prescribe medicine, and use a certain instrument—a tube or cathetar—the same not being necessary to preserve the life of her. The facts appear in the opinion and the charge. The indict- . ment in substance is stated in the charge.
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Indictment for Abortion alleging, in substance, that the accused, with the intent to procure the miscarriage of one Mary Tibbett, a young married, pregnant woman, supposed by the accused to be pregnant, did administer and prescribe medicine, and use a certain instrument—a tube or cathetar—the same not being necessary to preserve the life of her. The facts appear in the opinion and the charge. The indict- . ment in substance is stated in the charge. At the April Term, 1912, counsel for defendant moved to quash the said indictment, because it alleged that the administration or prescription of…
1Opinion of the Court
Pennewill, C. J.:
We hold that the first, second, fourth, fifth and sixth counts are sufficient, and the third count is insufficient. The motion, to quash is sustained as to the third count, and overruled as to the others.
At the trial, (October Term, 1912) after proving by the prosecuting witness, Mary Tibbett, the facts as alleged in the indictment, the state called one H. as a witness, and offered to prove by him that the defendant upon an occasion near the time when the offense charged in the indictment was committed, also committed an abortion upon the wife of said H. by the same means as…
2Cases cited27 opinions
- People v. . MolineuxNew York Court of Appeals · 1901
- People v. SeamanMichigan Supreme Court · 1895
- Commonwealth v. BrownMassachusetts Supreme Judicial Court · 1876
- Wilson v. StateSupreme Court of Alabama · 1883
- People v. SessionsMichigan Supreme Court · 1886
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3Cited by28 opinions
- People v. HobbsIllinois Supreme Court · 1921
- People v. MaloneCalifornia Court of Appeal · 1947
- State v. SteadmanSupreme Court of South Carolina · 1950
- State v. BassettNew Mexico Supreme Court · 1921
- State v. RowleySupreme Court of Iowa · 1923
23 more not listed; retrieve them via the Exa API.