Mongeon v. People
New York Court of Appeals
Error to the General Term of the Supreme Court in the third judicial department, to review judgment affirming a judgment of the Court of Sessions in and for the county of St. Lawrence, entered upon a verdict convicting the plaintiff in error of the crime of manslaughter in the second degree.
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Error to the General Term of the Supreme Court in the third judicial department, to review judgment affirming a judgment of the Court of Sessions in and for the county of St. Lawrence, entered upon a verdict convicting the plaintiff in error of the crime of manslaughter in the second degree. Plaintiff in error was indicted on the 24th April, 1872. The indictment charged that, on the 15th March, 1872, he used an instrument in and upon the womb and person of one Maria Shay, she being then pregnant, with the purpose of producing a miscarriage, the same not being necessary to save her. life or…
1Opinion of the CourtAllen, J.
The act of 1869 (Laws of 1869, chap. 631) declares that any person committing the offence of which the plaintiff in error was charged shall, upon conviction, be deemed guilty of manslaughter in the second degree; and the statutory punishment for that offence is imprisonment in a State prison not less than four and not more than seven years. (2 B. S., 662, § 20.) The act of 1872 (Laws of 1872, chap.. 181) declares that any person that shall thereafter commit the same offence shall, upon conviction, be deemed guilty of a felony, and punished by imprisonment in a State prison for a term not less…
2Cases cited2 opinions
- Smith v. . the PeopleNew York Court of Appeals · 1872
- Hartung v. . the PeopleNew York Court of Appeals · 1860
3Cited by1 opinion
- Matter of the Application of Cooper, Etc.New York Court of Appeals · 1883