State v. Winthrop
Supreme Court of Iowa
Appeal from Floyd Dist/ict Court. The defendant'was convicted and sentenced for manslaughter, and now appeals to this court.
1Opinion of the CourtAdams, J.
The defendant is a physician, and was employed by one Roxia Clayton to attend her in childbirth. The child died. The defendant is charged with having produced its death. , Evidence was introduced by the State tending to show that the child, previous to its death, respired and liad an independent circulation. Evidence was introduced by the defendant tending to disprove such facts.
The defendant asked the court to give the following instruction :
*520■ “ To constitute a liuman being, in the view of the law, the child mentioned in the indictment must have been fully born, and born alive, having an…
2Cited by22 opinions
- Magnolia Coca Cola Bottling Co. v. JordanTexas Supreme Court · 1935
- McKillip v. ZimmermanSupreme Court of Iowa · 1971
- State v. GylesSupreme Court of Louisiana · 1975
- Wendt v. LilloDistrict Court, N.D. Iowa · 1960
- People v. ChavezCalifornia Court of Appeal · 1947
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