Legal Opinion

State v. Quinn

New York Court of General Session of the Peace

Decided November 22, 1899No. Abortion No. 6PublishedCited by 5 opinions

The indictment was under Sec. 2, Chap. 226, Vol. 17, Laws of Delaware, which provides, that “ every person who, with the intent to procure the miscarriage of any pregnant woman or women supposed by such person to be pregnant, unless the same be necessary to preserve her life, shall administer to her, advise, or prescribe for her, or cause to be taken by her any poison, drug, medicine, or other noxious thing, or shall use any instrument or other means whatever, or shall aid,…

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The indictment was under Sec. 2, Chap. 226, Vol. 17, Laws of Delaware, which provides, that “ every person who, with the intent to procure the miscarriage of any pregnant woman or women supposed by such person to be pregnant, unless the same be necessary to preserve her life, shall administer to her, advise, or prescribe for her, or cause to be taken by her any poison, drug, medicine, or other noxious thing, or shall use any instrument or other means whatever, or shall aid, assist, or counsel any person so intending to procure a miscarriage, whether said miscarriage be accomplished or not,…

1Opinion of the Court

Spruance, J.:

We do not consider the reasons assigned for quashing the indictment sufficient, and the application is therefore refused.

The defendant was then placed in the prisoner’s dock, and was arraigned and pleaded not guilty, whereupon his counsel requested that he be allowed to sit beside his counsel, within the bar, during the trial. The Deputy Attorney-General objected.

Spkttakce, J.:—During the trial of a felony it is the uniform rule for the prisoner to remain in the prisoner’s dock, and we think it best to adhere to the rule. The request is refused.

During the examination of the…

2Cases cited2 opinions

  1. Jensen v. StateWisconsin Supreme Court · 1884
  2. People v. PendletonMichigan Supreme Court · 1890

3Cited by5 opinions

  1. State v. LongstrethNorth Dakota Supreme Court · 1909
  2. State v. ReillyNorth Dakota Supreme Court · 1913
  3. Capital Bakers, Inc. v. LeahyCourt of Chancery of Delaware · 1935
  4. State v. GrantNew York Court of General Session of the Peace · 1926
  5. State v. KupisDelaware Court of Oyer and Terminer · 1935

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