Mitchell v. Commonwealth
Court of Appeals of Kentucky
Case 41—INDICTMENT APPEAL FROM OHIO CIRCUIT COURT. 1. The instructions are erroneous. 2. The indictment is insufficient. It does not aver that the mother was quick with child. (Black. Com., 129; Lord Hale’s P. C., 413; Law Die., 415, 416; Stat., 9 Geo., 4 C., 31, sec. 13; 7 William, 4; 1 Vic. C. 85, s. 6. ; Roscoe’s Crim. Ev., 265.) 1. There is no exception to any instruction given. 2. The destruction of an infant is, at common law, a high misdemeanor. (Wharton’s Crim.
Read the full summary
Case 41—INDICTMENT APPEAL FROM OHIO CIRCUIT COURT. 1. The instructions are erroneous. 2. The indictment is insufficient. It does not aver that the mother was quick with child. (Black. Com., 129; Lord Hale’s P. C., 413; Law Die., 415, 416; Stat., 9 Geo., 4 C., 31, sec. 13; 7 William, 4; 1 Vic. C. 85, s. 6. ; Roscoe’s Crim. Ev., 265.) 1. There is no exception to any instruction given. 2. The destruction of an infant is, at common law, a high misdemeanor. (Wharton’s Crim. Law, 1220.)
1Opinion of the Court
JUDGE HINES
delivered the opinion of the court.
This appeal is from a conviction and fine of three hundred and seventy-five dollars, on indictment charging appellant with procuring an abortion.
Section 341 of the Criminal Code is as follows: “A judgment shall not be reversed for an error of the court in instructing or refusing to instruct the jury, unless the bill of ■exceptions contain all the instructions given by the court to the jury, and unless it shall thereupon appear that the law •applicable to the case was not correctly and fairly given to the jury.”
*205There is no bill of exceptions…
2Cited by11 opinions
- Roe v. WadeSupreme Court of the United States · 1973
- Dobbs v. Jackson Women's Health OrganizationSupreme Court of the United States · 2022
- Peoples v. CommonwealthCourt of Appeals of Kentucky · 1888
- State v. AusplundOregon Supreme Court · 1917
- State v. AtwoodOregon Supreme Court · 1909
6 more not listed; retrieve them via the Exa API.