Legal Opinion

Taylor v. State

Supreme Court of Georgia

Decided March 4, 1899PublishedCited by 13 opinions

Indictment for assault with intent to murder. Before Judge Janes. Douglas superior court.. September 15, 1898.

1Opinion of the CourtSimmons, C. J.

1. The word “ child ” as used in section 81 of the Penal Code means a “ living child,” that is to say “ an unborn child so far developed as to be ordinarily called ‘quick’ ” and which is still alive when the alleged unlawful means are employed to produce the miscarriage or abortion.

Argued November 21, 1898. Decided March 4, 1899. Indictment for assault with intent to murder. Before Judge Janes. Douglas superior court.. September 15, 1898. J. S. James, B. G. Griggs, W. A. Janes and J. V. Edge, for plaintiff in error. W. T. Roberts, solicitor-general, T. W. Rucker and J. R. Hutcheson, contra.

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2Cases cited3 opinions

  1. Metropolitan Street Railroad v. JohnsonSupreme Court of Georgia · 1892
  2. Thompson v. ThompsonSupreme Court of Georgia · 1887
  3. Belt v. StateSupreme Court of Georgia · 1897

3Cited by13 opinions

  1. Doe v. BoltonSupreme Court of the United States · 1973
  2. Porter v. LassiterCourt of Appeals of Georgia · 1955
  3. Roberts v. StateSupreme Court of Georgia · 1901
  4. Week v. Big Bunker Hill Mining Corp.Supreme Court of Georgia · 1941
  5. Banks v. StateSupreme Court of Georgia · 1976

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