State v. Longstreth
North Dakota Supreme Court
Appeal from District Court, Stutsman County; Burice, J. W. E. Longstreth was convicted of procuring an abortion, and, from an order denying a new trial, he appeals. Information for committing the crime of abortion must allege the means of its accomplishment. Cochran v. People, 51 N. E. 845 ; Rhodes v. State, 27 N. E. 866; Com. v. Corkin, 136 Mass., 429; 1 Cyc. 728. Complainant must state the facts constituting a crime upon his positive knowledge. State Ex Rel.
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Appeal from District Court, Stutsman County; Burice, J. W. E. Longstreth was convicted of procuring an abortion, and, from an order denying a new trial, he appeals. Information for committing the crime of abortion must allege the means of its accomplishment. Cochran v. People, 51 N. E. 845 ; Rhodes v. State, 27 N. E. 866; Com. v. Corkin, 136 Mass., 429; 1 Cyc. 728. Complainant must state the facts constituting a crime upon his positive knowledge. State Ex Rel. Poul v. McLain, 102 N. W. 407 ; People v. Heffron, 19 N. W. 170; Blodgett v. Race, 18 Hun, 132; In Re Blum, 9 Misc. Rep. 571, 30 N. Y.…
1Opinion of the CourtFisk, J.
Appellant was convicted in the district court of Stutsman county of the crime of procuring an abortion, as defined in section 8912, Rev. Codes 1905, and from an order denying his motion for a new trial he appealed to this court. Pie was assigned 13 alleged errors-, which are.grouped into five subdivisions of his printed brief. These will be considered in the order presented.
1. The court below overruled his demurrer to the information, and the correctness of this ruling is .first challenged; the ground being that such information fails to state the means or manner of the use of the instrument…
2Cases cited31 opinions
- Eggart v. StateSupreme Court of Florida · 1898
- State v. ClementsOregon Supreme Court · 1887
- People v. StaplesCalifornia Supreme Court · 1891
- Commonwealth v. MalliniSupreme Court of Pennsylvania · 1906
- People v. MitchellCalifornia Supreme Court · 1892
26 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- Milton v. United StatesCourt of Appeals for the D.C. Circuit · 1940
- People v. MaloneCalifornia Court of Appeal · 1947
- Wyatt v. StateAlabama Court of Appeals · 1950
- State v. DeGroatSupreme Court of Missouri · 1914
- State v. ReillyNorth Dakota Supreme Court · 1913
18 more not listed; retrieve them via the Exa API.