Commonwealth v. Keene
Superior Court of Pennsylvania
Appeal, No. 211, Oct. T., 1897, by defendant, from judgment of O. & T. Lancaster Co., Jan. Sess., 1897, No. 154, on verdict of guilty. Indictment to procure abortion. Before Brubaker, J. It appears from the record that defendant was charged upon two indictments with abortion. One indictment charged him with procuring an abortion with an instrument, upon Eleanora Huss, on October 27,1896, which caused her death. Upon this indictment he was acquitted.
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Appeal, No. 211, Oct. T., 1897, by defendant, from judgment of O. & T. Lancaster Co., Jan. Sess., 1897, No. 154, on verdict of guilty. Indictment to procure abortion. Before Brubaker, J. It appears from the record that defendant was charged upon two indictments with abortion. One indictment charged him with procuring an abortion with an instrument, upon Eleanora Huss, on October 27,1896, which caused her death. Upon this indictment he was acquitted. The other indictment charged him with having used an instrument upon the said Eleanora Huss, at the same date, with the intention to procure a…
1Opinion of the Court
Opinion by
Rice, P. J.,
The defendant was charged in two indictments: first with having used an instrument upon the body of Eleanora Huss, a pregnant woman, with intent to procure her miscarriage (sec. 88 of the Penal Code); second, with having used the instrument with like intent, in consequence whereof she died (sec. 87). The two indictments were tried together; on the first the defendant was convicted, and on the second he was acquitted.
1. The precise question raised by the first and second assignments of error is whether proof of the dying declarations of the woman as to the cause of her…
2Cases cited9 opinions
- Railing v. CommonwealthSupreme Court of Pennsylvania · 1885
- Cullum v. WagstaffSupreme Court of Pennsylvania · 1864
- Aitkin v. YoungSupreme Court of Pennsylvania · 1849
- Smull v. JonesSupreme Court of Pennsylvania · 1843
- Richardson v. Lessee of StewartSupreme Court of Pennsylvania · 1811
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3Cited by5 opinions
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