Thomas v. State
Supreme Court of Alabama
Appeal from Anniston City Court. Heard before Hon. Ti-iomas W. Coleman, Jr. Charles E. Thomas was convicted of an attempt to procure an abortion, and appeals.
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Appeal from Anniston City Court. Heard before Hon. Ti-iomas W. Coleman, Jr. Charles E. Thomas was convicted of an attempt to procure an abortion, and appeals. The indictment was as follows: “The grand jury of said county charge that before the finding of this indictment Charles Thomas willfully administered to Onether Crawford, who was a pregnant woman, a drug or substance, or used or employed an instrument, to procure her miscarriage; the same not being necessary to preserve her life, and not dome for that purpose, against,” etc. Demurrers were interposed as follows: “(1) It is not alleged…
1Opinion of the CourtAndebson, J.
The indictment in the case at bar was framed under section 4305 of the Code of 1896, which both defines, as well as prescribes a punishment for, “attempts to procure abortion.” The statute makes the Code form of indictments sufficient in all cases in which said forms are applicable. Section 4894 of the Code of 1896; Bailey v. State, 99 Ala. 143, 13 South. 566. In statutory offenses, where no form of indictment is given, it is usually sufficient to follow the statute. In charging common-law offenses, although we have statutes fixing the punishment, and sometimes changing them from misdemeanors…
2Cases cited8 opinions
- Grattan v. StateSupreme Court of Alabama · 1882
- Bates v. MorrisSupreme Court of Alabama · 1893
- Brock v. StateSupreme Court of Alabama · 1898
- Smith v. StateSupreme Court of Alabama · 1897
- State v. ReedSupreme Court of Arkansas · 1885
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3Cited by15 opinions
- The People v. WoodsIllinois Supreme Court · 1962
- Whitehead v. StateAlabama Court of Appeals · 1918
- Adkins v. StateSupreme Court of Alabama · 1973
- Duin v. StateSupreme Court of Alabama · 1972
- Trent v. StateAlabama Court of Appeals · 1916
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