State v. Proctor
Mississippi Supreme Court
Appeal' from the circuit court of Warren county. Hon. H. C. Mounger, Judge. Georgia Proctor was acquitted of a charge of murder and the state appeals. The facts are fully stated in the opinion of the court. The question presented by this record on the ruling is whether as a general proposition this crime of abortion resulting in the death of the woman, Carrie Hallbach, is murder or manslaughter.
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Appeal' from the circuit court of Warren county. Hon. H. C. Mounger, Judge. Georgia Proctor was acquitted of a charge of murder and the state appeals. The facts are fully stated in the opinion of the court. The question presented by this record on the ruling is whether as a general proposition this crime of abortion resulting in the death of the woman, Carrie Hallbach, is murder or manslaughter. I respectfully submit to the court that under our statute on the subject of abortion, which makes it a felony, that where the death of a woman is caused by an abortion unlawfully produced, this…
1Opinion of the CourtCook, J.
The indictment in the present case, omitting the formal parts, is as follows.: “That one Georgia Proctor, late of the county aforesaid, on the 1st day of April, A. D. 1911, with force and arms, in the county aforesaid, and within the jurisdiction of this court, then and there in and upon the body, of one Carrie Hallbach, a human being, feloniously, willfully, and of her malice aforethought, did make an assault, and did willfully, feloniously, and of her malice aforethought, force, thrust, and strike a certain instrument, to the grand jurors unknown, which she, the said Georgia Proctor, had…
2Cited by2 opinions
- Lee v. StateMississippi Supreme Court · 1920
- Lackey v. StateMississippi Supreme Court · 1951