Lohman v. . the People
New York Court of Appeals
The defendant was convicted in the court of general sessions of the city and county of New-York, under the second section of the act to prevent the procurement of abortion, passed in 1845, and sentenced to imprisonment in the county jail. The judgment of the court of sessions was affirmed on a writ of error, by the supreme court, (see 2 Barb. Sup. Court Rep. 216,) which last decision the defendant removed by writ of error into this court.
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The defendant was convicted in the court of general sessions of the city and county of New-York, under the second section of the act to prevent the procurement of abortion, passed in 1845, and sentenced to imprisonment in the county jail. The judgment of the court of sessions was affirmed on a writ of error, by the supreme court, (see 2 Barb. Sup. Court Rep. 216,) which last decision the defendant removed by writ of error into this court. The first section of chapter 22, (Sess. Laws of 1846, p. 19,) enacts in substance, that every person who shall administer to any woman pregnant with a quick…
1Opinion of the Court
By the Court,
Gardiner, J.
The indictment is defective under the first section of the act of 1846, in omitting to charge an intent to destroy the child by the means employed by the defendant. It contains all and more than is necessary to consti tute a misdemeanor within the 2d section of the act of 1845.
Mere surplusage will not vitiate the indictment, and of course is no ground for reversing the judgment. (People v. Jackson, 3 Hill, 94, and cases cited.)
It is contended, however, that the prisoner, notwithstanding this conviction, may be indicted for manslaughter, adding to the charges in this…
2Cases cited2 opinions
- People v. MatherNew York Supreme Court · 1830
- Commonwealth v. KingsburyMassachusetts Supreme Judicial Court · 1809
3Cited by27 opinions
- Brown v. WalkerSupreme Court of the United States · 1896
- People v. FarsonNew York Court of Appeals · 1927
- Thomas v. . PeopleNew York Court of Appeals · 1876
- People v. . LaurenceNew York Court of Appeals · 1893
- Greenfield v. . PeopleNew York Court of Appeals · 1878
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