Legal Opinion

State v. Howard

Supreme Court of Vermont

Decided November 15, 1859PublishedCited by 50 opinions

Indictment in six counts. The first three counts charged the'respondent with attempting to procure the miscarriage of Olive Ashe by means of instruments, in consequence of which she died. The fourth and fifth counts charged the same attempt by means of poisons and noxious things, with a similar result, and the sixth count charged the crime of manslaughter by causing the death of the said Olive by wounding her with instruments in the womb.

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Indictment in six counts. The first three counts charged the'respondent with attempting to procure the miscarriage of Olive Ashe by means of instruments, in consequence of which she died. The fourth and fifth counts charged the same attempt by means of poisons and noxious things, with a similar result, and the sixth count charged the crime of manslaughter by causing the death of the said Olive by wounding her with instruments in the womb. The respondent pleaded not guilty, and the cause was tried by jury at the January Term, 1859, in Orange county, — Barrett, J., presiding. The government…

1Opinion of the Court

Redeield, Ch. J.

The important question in the case is, whether the death of the foetus before the attempt of the respondent to procure the abortion, is material as to his guilt. It is undoubtedly one of considerable practical importance. If we regarded the statute as chiefly intended for the protection of the life of the foetus it would incline us very 'strongly to the view taken of the case by the respondent’s counsel. But it is obvious that there are many other important considerations connected with the offence besides the preservation of the life of the child. The life and health of the…

2Cases cited1 opinion

  1. Gilchrist v. BaleSupreme Court of Pennsylvania · 1839

3Cited by50 opinions

  1. Solander v. PeopleSupreme Court of Colorado · 1873
  2. People v. WrightCalifornia Supreme Court · 1914
  3. State v. FarnamOregon Supreme Court · 1916
  4. Eighmy v. . the PeopleNew York Court of Appeals · 1880
  5. State v. DickinsonWisconsin Supreme Court · 1877

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