Lee v. State
Mississippi Supreme Court
Appeal from circuit court of Alcorn comity. Hon. C. P. Long, Judge. F. E. Lee was convicted of manslaughter, and he appeals. It was my contention in the court below, and ivas so conceded by the state and so held by the court in his written opinion that we have no statute covering the offense in question. If, therefore, the defendant could be prosecuted at all, it was by reason of some offense against the common law.
Read the full summary
Appeal from circuit court of Alcorn comity. Hon. C. P. Long, Judge. F. E. Lee was convicted of manslaughter, and he appeals. It was my contention in the court below, and ivas so conceded by the state and so held by the court in his written opinion that we have no statute covering the offense in question. If, therefore, the defendant could be prosecuted at all, it was by reason of some offense against the common law. The state conceded that the child was not quick at the time of the alleged abortion and therefore neither' section 1234, Code 1906 or Hemingway’s Code, section 965, are…
1Opinion of the CourtSmith, C. J.
The appellant was tried and convicted on an indictment charging him, with manslaughter.
The indictment was in the language of section 1431, Code of 1906, Hemingway’s Code, section 1187, and alleges simply that the appellant did feloniously kill and slay the deceased,” describing her by name.
The death of the deceased was caused by a surgical operation performed on her for the purpose of producing an abortion. The jury were warranted in believing from the evidence that the operation was peformed by the appellant, a physician and surgeon, with the deceased’s consent for the purpose of relieving…
2Cases cited5 opinions
- Peoples v. CommonwealthCourt of Appeals of Kentucky · 1888
- People v. SessionsMichigan Supreme Court · 1886
- State v. MooreSupreme Court of Iowa · 1868
- State v. HarrisSupreme Court of Kansas · 1913
- State v. ProctorMississippi Supreme Court · 1912
3Cited by5 opinions
- Stringer v. StateMississippi Supreme Court · 1986
- Parker v. StateMississippi Supreme Court · 1986
- State v. GriersonSupreme Court of New Hampshire · 1949
- Carrol v. StateMississippi Supreme Court · 1938
- Lackey v. StateMississippi Supreme Court · 1951