Evans v. . the People
New York Court of Appeals
Error to the General Term of the Supreme Oourt in the first judicial department, to review judgment of that court, affirming -a judgment of the Oourt of (General Sessions of the Peace in and for the city and county of New York, convicting plaintiff in -error of an assault upon the person of Ann O’Neill, with intent to commit manslaughter in the second degree. The substance of the indictment and the facts proved are set forth in the prevailing opinion.
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Error to the General Term of the Supreme Oourt in the first judicial department, to review judgment of that court, affirming -a judgment of the Oourt of (General Sessions of the Peace in and for the city and county of New York, convicting plaintiff in -error of an assault upon the person of Ann O’Neill, with intent to commit manslaughter in the second degree. The substance of the indictment and the facts proved are set forth in the prevailing opinion. The questions as to the admission of evidence, discussed in the dissenting opinion, not having been passed upon by the court, are omitted. The…
1Opinion of the CourtAllen, J.
The accused was indicted for the statutory offence of manslaughter in the second degree, created and defined by chap. 631 of the Laws of 1869, entitled “ An act relating to the procurement of abortions, and other like offences.” He was charged with having, by acts and means mentioned in the first section of the act, caused and procured the miscarriage of one Ann O’Eeill, then being pregnant with child, by which the death of the child was produced. The prosecution failed to prove that a miscarriage was effected, or that the death of the child was caused or produced by the act or agency of the…
2Cases cited1 opinion
- Commonwealth v. BangsMassachusetts Supreme Judicial Court · 1812
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- People v. HaynerNew York Court of Appeals · 1949
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