Smith v. State
Mississippi Supreme Court
Appeal from the circuit court of Amite county. HoN. E. E. JacksoN, Judge. F. C. Smith was convicted of attempting to commit an abortion and appeals. The facts are fully stated in the opinion of the court. The indictment undertakes to charge an attempt to cause an abortion presumably under- section 1049, Code 1906, as this is the only statute under the Mississippi Laws, relating to the crime of attempt.
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Appeal from the circuit court of Amite county. HoN. E. E. JacksoN, Judge. F. C. Smith was convicted of attempting to commit an abortion and appeals. The facts are fully stated in the opinion of the court. The indictment undertakes to charge an attempt to cause an abortion presumably under- section 1049, Code 1906, as this is the only statute under the Mississippi Laws, relating to the crime of attempt. Á demurrer to this indictment was interposed, raising among other points the following: (a) There is no such crime as an attempt to cause an abortion by the doing -of the things set out in the…
1Opinion of the CourtEtheridge, J.
Dr. F. C. Smith, the appellant, was indicted and convicted in the circuit' court of Amite county on the charge of attempting to commit an abortion in said county, and it is claimed that the indictment is insufficient to charge any crime under the law of this state, and that there is no such crime as an attempt to commit an abortion, and that the court erred in granting *810the instruction for the state on that charge, and also that error was committed in admitting on cross-examination the defendant’s witnesses to prove good character, evidence that the-witnesses had heard that the defendant had…
2Cases cited5 opinions
- Byrd v. StateMississippi Supreme Court · 1879
- Johnson v. StateMississippi Supreme Court · 1885
- Johnson v. StateMississippi Supreme Court · 1908
- Scott v. StateMississippi Supreme Court · 1902
- Cole v. StateMississippi Supreme Court · 1897
3Cited by7 opinions
- Pro-Choice Mississippi v. FordiceMississippi Supreme Court · 1998
- Magee v. StateMississippi Supreme Court · 1945
- Ladnier v. StateMississippi Supreme Court · 1929
- State v. HawkinsNew Mexico Supreme Court · 1919
- Turnage v. StateMississippi Supreme Court · 1953
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