State v. Gibbons
Supreme Court of Iowa
Appeal from Fayette District Court. — Hon. A. N. Hobson, Judge. Dependant was charged in the indictment with causing the death of a pregnant woman by administering to her drugs, and using upon her an instrument for the purpose of producing, a miscarriage;' sa°id miscarriage not being necessary to save her life.
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Appeal from Fayette District Court. — Hon. A. N. Hobson, Judge. Dependant was charged in the indictment with causing the death of a pregnant woman by administering to her drugs, and using upon her an instrument for the purpose of producing, a miscarriage;' sa°id miscarriage not being necessary to save her life. The court ruled that the indictment charged only the administration of a drug and the use of an instrument with intent to produce the miscarriage of a pregnant woman, and not the crime of murder in the second degree. The defendant was thereupon tried for the unlawful attempt to produce…
1Opinion of the CourtMcClain, J.
The ruling of the trial court that the indictment did not charge murder in the second degree was made when the prosecution offered to show the dying declaration of the woman whose death was alleged to have resulted from the attempt to procure an abortion, holding that, as the indictment was not sufficient to sustain a conviction for murder, dying declarations were not admissible. This ruling was prejudicial to the prosecution, for the result was not only to relieve the defendant from punishment for the higher crime, but also to make it more difficult by reason of the exclusion of dying…
2Cases cited6 opinions
- State v. MooreSupreme Court of Iowa · 1868
- People v. VanceCalifornia Supreme Court · 1863
- State v. LeeperSupreme Court of Iowa · 1886
- Chase v. StateWisconsin Supreme Court · 1880
- People v. SchmidtCalifornia Supreme Court · 1883
1 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Kinsey v. State of ArizonaArizona Supreme Court · 1937
- State v. VeverkaSupreme Court of Iowa · 1978
- State of Iowa v. Joseph D. CerettiSupreme Court of Iowa · 2015
- State v. KurzSupreme Court of Connecticut · 1944
- State v. RowleySupreme Court of Iowa · 1933
2 more not listed; retrieve them via the Exa API.