Frazer v. People
New York Supreme Court
FRAZER was indicted, tried and convicted, in the Lewis county sessions, of administering medicines and drugs to a pregnant female with intent to procure a miscarriage.
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FRAZER was indicted, tried and convicted, in the Lewis county sessions, of administering medicines and drugs to a pregnant female with intent to procure a miscarriage. The principal witness was the female upon whom the alleged offense was charged to have been committed, who, at the time of the offense, was a single woman, having been married in January, 1863. She testified to. her pregnancy by the defendant; that in May or June, 1861, he gave her pills and powders, which she took for the purpose named, and that he subsequently took her to a J)r. Bradish, that he might operate on her for an…
1Opinion of the Court
*308 By the Court,
Allen, J.
Objections were made to the sufficiency of the first two counts of the indictment. I do not think them tenable. The offense, it is true, is not in the first count charged in the very words of the statute, but in substance—the substantial facts constituting the statutory offense—are well stated; and this is sufficient. (The People v. Stockham, 1 Park. Rep. 424. Thompson v. The People, 3 id. 208.) But as there are three counts to which no exception is taken, and as there- is a general verdict of guilty, the conviction must be sustained, as the verdict will be applied to…
2Cases cited3 opinions
- People v. DavisNew York Supreme Court · 1839
- People v. CurlingNew York Supreme Court · 1806
- People v. CooperNew York Supreme Court · 1835
3Cited by5 opinions
- Smartt and Carson v. StateTennessee Supreme Court · 1903
- Tully v. . PeopleNew York Court of Appeals · 1876
- Paul v. PaulNew Jersey Court of Chancery · 1883
- People v. KlockNew York Supreme Court · 1888
- People v. VedderNew York Supreme Court · 1884