Crichton v. People
New York Court of Appeals
George Crichton, the plaintiff in error, was indicted under the statute, L. 1845, p. 285, c. 260, 2; same stat. 3 B. S. § 975, 5 ed., for advising a pregnant woman to procure a miscarriage.
Read the full summary
George Crichton, the plaintiff in error, was indicted under the statute, L. 1845, p. 285, c. 260, 2; same stat. 3 B. S. § 975, 5 ed., for advising a pregnant woman to procure a miscarriage. The first count in the indictment alleged as follows: That George Crichton “ heretofore, to wit, on June 22, 1861, with force of arms, &c., at the town of Oswegatchie, in the said county of St. Lawrence, and on divers other days and times, did then and there advise and attempt to procure and did procure one Elizabeth Dixon to take certain medicines, drugs and substances, to wit: certain pills known as cDr.…
1Opinion of the CourtIngraham, J.
There was no error in excluding the inquiry put to Lytle as to his connection with Elizabeth Dixon. It was immaterial whether any other person had connection with her or not. The offense charged was the advising means to produce an abortion, and would have been the same whether the prisoner or Lytle was the father of the child.
The main question in the case is whether the court erred in refusing to strike out the second count in the indictment, and, if such refusal was erroneous, whether the verdict can be sustained notwithstanding such refusal.
The objection to the second count is that there…
2Cases cited2 opinions
- Kane v. PeopleCourt for the Trial of Impeachments and Correction of Errors · 1831
- People v. GilkinsonCourt Of Oyer And Terminer New York · 1857