Legal Opinion

State v. Stokes

Supreme Court of Vermont

Decided October 15, 1881PublishedCited by 7 opinions

Heard at the December Term, 1878, Caledonia County, Ross, J., presiding, on demurrer to the indictment. On the hearing the court caused the indictment to be amended by inserting the following words: “ the same not being necessary to preserve the life of the hereinafter named Lizzie S.”; and then overruled the demurrer and adjudged the indictment sufficient.

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Heard at the December Term, 1878, Caledonia County, Ross, J., presiding, on demurrer to the indictment. On the hearing the court caused the indictment to be amended by inserting the following words: “ the same not being necessary to preserve the life of the hereinafter named Lizzie S.”; and then overruled the demurrer and adjudged the indictment sufficient. The case is stated in the opinion. cited 2 Pick, 138 ; Hill v. State, 53 Ga. 472 ; Russell v. State, 50 Ind. 174; Bassett v. State, 41 Ind. 303 ; 1 Lead. Crim. Cases, 255 ; 8 Am. Jurist, 233 ; 1 Chitty Crim. Law, 283 ; 1 Arch. Crim. PI. 53…

1Opinion of the Court

The opinion of the court was delivered by

Veazey, J.

This case was heard upon demurrer to an indictment for procuring an abortion. The statute was as follows: “ Every person who shall be convicted of wilfully administering to any pregnant woman, or to any woman supposed by such person to be pregnant, or of advising or prescribing for such woman, or causing to be taken by her anything whatever, or shall employ any means whatever, with intent thereby to procure the miscarriage of such woman, or of aiding and assisting therein, or by counselling and procuring the same, unless the same is necessary…

2Cases cited10 opinions

  1. State v. AbbeySupreme Court of Vermont · 1856
  2. State v. MeekSupreme Court of Missouri · 1879
  3. Elkins v. StateSupreme Court of Georgia · 1853
  4. Russell v. StateIndiana Supreme Court · 1875
  5. Kline v. StateMississippi Supreme Court · 1870

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3Cited by7 opinions

  1. E. B. & A. C. Whiting Co. v. City of BurlingtonSupreme Court of Vermont · 1934
  2. State v. AikenSupreme Court of Iowa · 1899
  3. State v. BevinsSupreme Court of Vermont · 1898
  4. State v. SylvesterSupreme Court of Vermont · 1941
  5. State v. StevensonSupreme Court of Vermont · 1896

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