State v. Stewart
Supreme Court of Iowa
Appeal from, Harrison District Court- The indictment charged that the defendant “did unlawfully, willfully, and feloniously, administer to one Sumida Purcell, who was then and there a pregnant woman, certain drugs and substances, and did then and there, unlawfully * use a certain instrument * * with intent-then and there, and thereby, to procure the miscarriage of the said Sumida Purcell, such miscarriage * * not being necessary to, save her life.”
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Appeal from, Harrison District Court- The indictment charged that the defendant “did unlawfully, willfully, and feloniously, administer to one Sumida Purcell, who was then and there a pregnant woman, certain drugs and substances, and did then and there, unlawfully * use a certain instrument * * with intent-then and there, and thereby, to procure the miscarriage of the said Sumida Purcell, such miscarriage * * not being necessary to, save her life.” There was a verdict of guilty, judgment, and® defendant appeals.
1Opinion of the CourtSeevers, J.
The second and. third instructions given the jury were as follows:
“ 2. There are in the offense with which the defendant is •charged, as enumerated in the indictment herein, the following material allegations, to wit:
“Fi/rst. That on or about the 1st day of November, 1878, ¡said Surrilda was pregnant.
“Second. That the defendant, Stewart, willfully administered to said Surrilda Purcell some drug or drugs, or substances, with the intent to produce the miscarriage of said Surrilda Purcell, or that he used some instrument upon said Surrilda, with the intent to produce her miscarriage.
'‘Third.…
2Cases cited2 opinions
- State v. FelterSupreme Court of Iowa · 1871
- State v. RorabacherSupreme Court of Iowa · 1865
3Cited by12 opinions
- Mills v. StateCourt of Appeals of Maryland · 1987
- State v. EstrellaSupreme Court of Iowa · 1965
- State v. SloanSupreme Court of Iowa · 1880
- Barker v. StateSupreme Court of Florida · 1898
- Hans v. StateNebraska Supreme Court · 1946
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