State v. Cooper
Supreme Court of New Jersey
This case was upon an indictment; found in the Oyer and Terminer of Morris county. On a motion to quash the indictment, that court had reserved the question of the sufficiency of the indictment for the advisory opinion of this court, and the argument was had upon a case stated and certified to this court. The offences charged in the indictment appear in the opinion of the court.
1Opinion of the Court
The Chief Justice
delivered the opinion of the court.
The only point reserved, and submitted for the opinion of this court, is whether an attempt to procure an abortion, the mother not being quick with child, is an indictable offence at the common law. It may simplify the inquiry to consider whether the procuring an abortion under such circumstauces constitutes a crime. If the character of the act itself, when accomplished, he clearly ascertained, we shall be enabled with more certainty to decide upon the character of a mere attempt to commit the act.
Is, then, the procuring of an abortion,…
2Cases cited1 opinion
- Commonwealth v. Justices of the Sessions for the County of MiddlesexMassachusetts Supreme Judicial Court · 1812
3Cited by24 opinions
- Keeler v. Superior CourtCalifornia Supreme Court · 1970
- Young Women's Christian Ass'n of Princeton, NJ v. KuglerDistrict Court, D. New Jersey · 1972
- Cooper v. BlanckLouisiana Court of Appeal · 1923
- State v. AndersonNew Jersey Superior Court Appellate Division · 1975
- State v. BrownNew Jersey Superior Court Appellate Division · 1976
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