Commonwealth v. Weible
Superior Court of Pennsylvania
Appeal, No. 44, April T., 1911, by plaintiff, from order of Q. S. Cambria Co., Dec. T., 1909, No. 148, sustaining motion in arrest of judgment in case of Commonwealth v. May Weible. Indictment for abortion.
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Appeal, No. 44, April T., 1911, by plaintiff, from order of Q. S. Cambria Co., Dec. T., 1909, No. 148, sustaining motion in arrest of judgment in case of Commonwealth v. May Weible. Indictment for abortion. Before O’Connor, P. J. At the trial the jury returned a verdict of guilty, but subsequently the court arrested judgment on the ground that a woman could not be convicted in Pennsylvania either under the common law or under the statute law of administering drugs to herself with intent to procure a miscarriage. Error assigned was in arresting the judgment.
1Opinion of the Court
Opinion by
Orlady, J.,
This defendant was convicted, under sec. 88 of the Act of March 31,1860, P. L. 382, 404, of unlawfully administering to herself a poison, drug or substance with intent to procure the miscarriage of a child with which she, at that time, was pregnant.
The court sustained a motion in arrest of judgment, for the reason that the act does not apply to the case of a woman who procures an abortion on herself, and that it is not an offense at common law in this state.
At common law in England the destruction of an unborn infant is a misdemeanor, and at an earlier period it seems to…
2Cases cited7 opinions
- Solander v. PeopleSupreme Court of Colorado · 1873
- Dunn v. . the PeopleNew York Court of Appeals · 1864
- Mills v. CommonwealthSupreme Court of Pennsylvania · 1850
- Commonwealth v. BoyntonMassachusetts Supreme Judicial Court · 1874
- Smith v. GaffardSupreme Court of Alabama · 1857
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3Cited by5 opinions
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