People v. Phelps
New York Supreme Court
Indictment against John H. Phelps for advising a woman to take medicine to produce an abortion. Defendant was convicted, and, the conviction being reversed on appeal, (15 H. Y. Supp. 440,) the people move to amend the order of reversal so as to show that the judgment of the court below was reversed on questions of law only.
1Opinion of the CourtMayham, P. J.
We do not think, under the circumstances of this case, that the district attorney has been guilty of such loches in moving as to preclude the making of this motion, or justify the court in refusing to grant the relief asked on that ground. The principal question, therefore, to be considered is whether the general term, in reversing this conviction, did so upon the exercise of its discretion upon the facts, or whether its decision was upon ■the questions of law only. We think, from an examination of the opinion of the learned presiding judge, which was concurred in by his associates, that the…
2Cited by1 opinion
- People v. HillNew York Supreme Court · 1893