People v. Costello
Court for the Trial of Impeachments and Correction of Errors
The defendant, Catharine Costello, was indicted, together with Napoleon Loreau and Catharine Guetal, in the New-York general sessions, under 2 R. S. 694, § 21, which provides, that “ every person who shall wilfully administer, to any preg nant woman, any medicine, drug, substance, or thing whatever, or shall use or employ any instrument, or other means whatever, with intent thereby to procure the miscarriage of any such woman,” unless, &c. shall, upon conviction, be…
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The defendant, Catharine Costello, was indicted, together with Napoleon Loreau and Catharine Guetal, in the New-York general sessions, under 2 R. S. 694, § 21, which provides, that “ every person who shall wilfully administer, to any preg nant woman, any medicine, drug, substance, or thing whatever, or shall use or employ any instrument, or other means whatever, with intent thereby to procure the miscarriage of any such woman,” unless, &c. shall, upon conviction, be punished, &c. The indictment contained four counts, the intent charged in each being to procure the miscarriage of one Zulma…
1Opinion of the Court
By the Court, Beabdsley, J.
The defendant, Costello, was indicted jointly with two others, (Loreau and Guetal,) for an attempt to procure the miscarriage of Zulma Marache, a pregnant woman. The indictment contains four counts; the first two charging the attempt to have been made by administering drugs, and the others by the use of an instrument. (2 R. S. 694, § 21.) The defendants severally pleaded not guilty, and were all tried at the same time. Loreau and Guetal were found guilty on all the counts, and no question is now made on their behalf. Costello was convicted on the third and fourth…
2Cases cited2 opinions
- Kane v. PeopleCourt for the Trial of Impeachments and Correction of Errors · 1831
- Commonwealth v. GillespieSupreme Court of Pennsylvania · 1822
3Cited by55 opinions
- People Ex Rel. Tweed v. . LiscombNew York Court of Appeals · 1875
- People v. CloughCalifornia Supreme Court · 1887
- Linsday v. . People of the State of N.Y.New York Court of Appeals · 1875
- Polinsky v. . PeopleNew York Court of Appeals · 1878
- Wooster v. StateSupreme Court of Alabama · 1876
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