State v. Barnes

The opinion of the court was delivered by

Reed, J.

This writ brings up a judgment entered upon a conviction of the defendant, Louisa Barnes, for committing an abortion upon one Mary Lane, by reason of which the said Mary Lane subsequently died.

The fact that an abortion was committed upon Mary Lane by someone, and that her death resulted therefrom, is demonstrated.

*427The ease of the state in its attempt to identify the defendant as the abortionist rests upon two ante mortem statements made by Mary Lane, and rests mainly upon the second, without which there is no foundation for the conviction.

The…