Legal Opinion

People v. Marshall

Appellate Division of the Supreme Court of the State of New York

Decided May 12, 1953PublishedCited by 2 opinions

1Opinion of the CourtBergan, J.

The proof in support of the charge that the defendant-appellant committed abortion is clearly presented and wholly uncontradicted in the record.

The testimony of the woman subjected to the abortion was that after paying $60 to the codefendant Benjamin, who was also convicted but does not appeal, she was taken by that defendant to appellant Marshall’s premises and a tube was inserted by appellant in the vagina.

The tube was later removed at a hospital. The patient was acutely ill when she reached the hospital, was bleeding from the vagina, and was in shock; the medical evidence is that she was…

2Cases cited6 opinions

  1. People v. RobinsonNew York Court of Appeals · 1937
  2. People v. ForteNew York Court of Appeals · 1938
  3. People v. VaccaroNew York Court of Appeals · 1942
  4. People v. ManningNew York Court of Appeals · 1938
  5. People v. PacelliNew York Court of Appeals · 1929

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3Cited by2 opinions

  1. People v. MarshallNew York Court of Appeals · 1954
  2. People v. LewisAppellate Division of the Supreme Court of the State of New York · 1953

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