Hawker v. . the People
New York Court of Appeals
Error to the General Term of the Supreme Court, in the second judicial department, to review judgment of the Court of Sessions of the peace held in and for the county of Kings, entered upon a general verdict of guilty. The nature of the indictment and the facts are set forth in the opinion. The indictment was defective because it charged offences of different grades and calling for a different punishment in several counts. (Wharton Cr.
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Error to the General Term of the Supreme Court, in the second judicial department, to review judgment of the Court of Sessions of the peace held in and for the county of Kings, entered upon a general verdict of guilty. The nature of the indictment and the facts are set forth in the opinion. The indictment was defective because it charged offences of different grades and calling for a different punishment in several counts. (Wharton Cr. Law [last ed.], § 418; Com. v. Carey, 103 Mass., 214; U. S. v. Davenport, 1 Deady, 264.) The counts in the indictment were properly joined, and the verdict of…
1Opinion of the CourtEarl, J.
The plaintiff in error was convicted under the act, chapter 181 of the Laws of 1872 in relation to abortions and other offences.
Section 1 of that act provides among other things that any person who shall willfully use any instrument with intent thereby to produce a miscarriage of any woman with child, unless the same shall have been necessary to preserve her life, or that of such child, shall in case the death of such child bo thereby produced, be deemed guilty of a felony punishable by imprisonment in the State prison for a term of not less than four, nor more than twenty years. Section 3…
2Cases cited2 opinions
- People v. CostelloCourt for the Trial of Impeachments and Correction of Errors · 1845
- People v. RyndersNew York Supreme Court · 1834
3Cited by22 opinions
- Simmons v. StateCourt of Appeals of Maryland · 1933
- State v. . TooleSupreme Court of North Carolina · 1890
- Porath v. StateWisconsin Supreme Court · 1895
- People v. . WilsonNew York Court of Appeals · 1897
- People v. . McCarthyNew York Court of Appeals · 1888
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