People v. Frey

These two consolidated appeals present the issue of the efficacy of criminal prosecutions under the Illinois Abortion Statute in light of the recent United States Supreme Court decision of Roe v. Wade, 410 U.S. 113, 35 L. Ed. 2d 147, 93 S. Ct. 705. The Illinois statute in both appeals is identical, and for clarity will be cited as Ill. Rev. Stat. 1963, ch. 38, par. 23 — 1.

In Docket No. 43882 defendant Dr. Edward J. Mirmelli, a licensed Illinois physician, was charged with performing an abortion which, according to the record, occurred during the first trimester of pregnancy. He was convicted…