Legal Opinion

State v. Glass

Oregon Supreme Court

Decided December 15, 1873PublishedCited by 31 opinions

Appeal from Multnomah County. The appellant, a physician, was indicted jointly with one Charles Mealey for the crime of manslaughter in producing abortion, committed on the 25th day of October, 1873, by administering drugs and medicines to, and by the use of instruments upon one Mary E. Hardman, a single woman, pregnant with child, by which means the death of the said Mary was produced.

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Appeal from Multnomah County. The appellant, a physician, was indicted jointly with one Charles Mealey for the crime of manslaughter in producing abortion, committed on the 25th day of October, 1873, by administering drugs and medicines to, and by the use of instruments upon one Mary E. Hardman, a single woman, pregnant with child, by which means the death of the said Mary was produced. Separate trials having been granted, he was tried in the Circuit Court for Multnomah County in November, 1873, convicted and sentenced to five years’ imprisonment; from which judgment he appeals to this Court.…

1Opinion of the Court

*79By the Court,

Mosher, J.:

The questions upon which the Court is called to pass, arise upon the admission of testimony and the instructions given and refused by the court below. I will consider these in the order in which they appear in the bill of exceptions.

Mrs. Dr. Thompson and Dr. Hanchett, being called on the part of the State, testified that the deceased had applied to each of them on the subject of her pregnancy. To this evidence the defendant excepted.

• In order to sustain the indictment, it became necessary for the State to establish the fact of the pregnancy of the deceased at the time…

2Cited by31 opinions

  1. Buel v. StateWisconsin Supreme Court · 1899
  2. People v. WrightCalifornia Supreme Court · 1914
  3. People v. MaloneCalifornia Court of Appeal · 1947
  4. State v. McClurgIdaho Supreme Court · 1931
  5. State v. FarnamOregon Supreme Court · 1916

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