Legal Opinion

State v. Reed

Supreme Court of Arkansas

Decided May 15, 1885PublishedCited by 13 opinions

APPEAL from Logan Circuit Court. Hon. R. B. Rutherford, Circuit Judge. The indictment is in strict conformance with Sec. 1589, Mansf. Dig. It was not necessary under our statute that the indictment should' aver whether the intent to produce the abortion was before or after the period of quickening. It is immaterial whether the foetus had quickened or not. Bish. Stat. Cr. Ch,, ¿‡.

1Opinion of the CourtSmith, J.

1. Indictment for abortion.

The indictment was for abortion, and the charging part of it, was in these words : “ The said Mat. Reed, on the 20th day of December, 1883, in the county of Logan, aforesaid, unlawfully and feloniously did administer and prescribe to one Mary Moore, a woman with child, a large quantity of medicine and drugs, with intent, then and there, and thereby, to produce abortion,” etc.

A demurrer to the indictment was sustained, and the defendant discharged. The state has appealed.

Construction of statute.

The statute, upon which the indictment was drawn, reads-as follows : “ It…

2Cases cited1 opinion

  1. State v. . SlagleSupreme Court of North Carolina · 1880

3Cited by13 opinions

  1. Commonwealth v. SinclairMassachusetts Supreme Judicial Court · 1907
  2. Davis v. StateSupreme Court of Arkansas · 1910
  3. Oakes v. StateSupreme Court of Arkansas · 1918
  4. Thomas v. StateSupreme Court of Alabama · 1908
  5. McClure v. StateSupreme Court of Arkansas · 1948

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