State v. Prude
Mississippi Supreme Court
From the circuit court of Pontotoc county. Hon. Eugene O. Sykes, Judge. Emma Prude was indicted for having killed a child of which she was averred to have been pregnant. A demurrer to the indictment was sustained by the court below, and the state appealed to the supreme court. The averments of the indictment are stated in the opinion of the court.
Read the full summary
From the circuit court of Pontotoc county. Hon. Eugene O. Sykes, Judge. Emma Prude was indicted for having killed a child of which she was averred to have been pregnant. A demurrer to the indictment was sustained by the court below, and the state appealed to the supreme court. The averments of the indictment are stated in the opinion of the court. The section of the code considered is in the following words, viz.: 1157 (2884). The same¡ giving medicine, etc., to pregnant woman and thereby hilling child.—Every person who shall administer to any woman pregnant with a quick child any medicine,…
1Opinion of the CourtTerral, J.
The appellee was indicted for that she “did feloniously kill and sky an unborn quick child of said Emma Prude,” etc. The defendant demurred to the indictment. The court sustained the demurrer and the state appeals.
This is not a good indictment at common law, for by the common law, “An infant in the mother’s womb, not being in rerum natura, is not considered as a person who can be killed within the description of murder, and, therefore, if a woman, being quick or great with child, take any potion to cause an abortion, or if another give her any such potion, or if a person strike her, whereby…
2Cited by4 opinions
- Pro-Choice Mississippi v. FordiceMississippi Supreme Court · 1998
- Spears v. EllisDistrict Court, S.D. Mississippi · 1974
- State v. PeekMississippi Supreme Court · 1909
- Pro-Choice Mississippi v. Kirk FordiceMississippi Supreme Court · 1995