Legal Opinion

Burris v. State

Supreme Court of Arkansas

Decided December 24, 1904PublishedCited by 12 opinions

Appeal from Pope Circuit Court. Wieeiam L. Moose, Judge. STATEMENT BY THE COURT. The statute under which appellant was indicted and convicted provides that “it shall be unlawful for any one to administer or prescribe any medicine or drugs to any woman with child, with intent to produce an abortion or premature delivery of any foetus before the period of quickening.”

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Appeal from Pope Circuit Court. Wieeiam L. Moose, Judge. STATEMENT BY THE COURT. The statute under which appellant was indicted and convicted provides that “it shall be unlawful for any one to administer or prescribe any medicine or drugs to any woman with child, with intent to produce an abortion or premature delivery of any foetus before the period of quickening.” Sand. & H. Dig. § 1459. The indictment charged that appellant “unlawfully and feloniously did administer and prescribe to one Nela Burris, a woman with child, before the period of quickening, a large quantity of medicine and…

1Opinion of the Court

Wood, J.,

(after stating the facts.) The record shows that defendant asked that all instructions be reduced to writing. The court stated that the official stenographer was present, and would take the part of the instructions that were given orally, to which appellant excepted.' This exception was not carried into the motion for a new trial, and therefore we must treat it as abandoned. 1 Crawford’s Digest, Appeal & Error, IV, b.

Moreover, the instructions which were given orally are set out in the record. They relate to reasonable doubt and the credibility of witnesses, and were correct…

2Cases cited1 opinion

  1. McCaughey v. StateIndiana Supreme Court · 1901

3Cited by12 opinions

  1. Kansas City Southern Railway Co. v. MurphySupreme Court of Arkansas · 1905
  2. Estep v. StateTennessee Supreme Court · 1946
  3. Singer Manufacturing Co. v. W. D. Reeves Lumber Co.Supreme Court of Arkansas · 1910
  4. McClure v. StateSupreme Court of Arkansas · 1948
  5. Burrow v. Hot SpringsSupreme Court of Arkansas · 1908

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