Legal Opinion

State v. Van Houten

Supreme Court of Missouri

Decided February 15, 1866PublishedCited by 7 opinions

Appeal from Harrison Circ,uit Court. I. The first cause attempted to be set up by the defendant, as a cause of quashing the indictment, is not sufficient, for the reason it does not distinctly specify the grounds of objection to the indictment. (R. C. 1855, p. 1176, § 24.) II.

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Appeal from Harrison Circ,uit Court. I. The first cause attempted to be set up by the defendant, as a cause of quashing the indictment, is not sufficient, for the reason it does not distinctly specify the grounds of objection to the indictment. (R. C. 1855, p. 1176, § 24.) II. It is not necessary that an indictment for administering medicine to a pregnant woman, to procure an abortion, should specify or describe the kind, quality, or quantity of the medicine charged to have been administered. (Rex v. Phillips, 3 Camp. 73; State v. Yawter, 7 Blackf., Ind. 592.) I. The indictment failed to…

1Opinion of the CourtWagner, Judge

This was an indictment for administering medicine, to produce an abortion and miscarriage, &c. The indictment charges that the defendant unlawfully and wilfully did administer to one Elizabeth Robinson, a woman then and ther.e being pregnant with a child, a large quantity of medicine, with intent thereby to procure abortion and the miscarriage of the said Elizabeth Robinson ; the administering of said •medicine to the said Elizabeth Robinson not being then necessary to preserve the life of the said Elizabeth, &c.

On motion of the defendant, the court quashed the indictment, because it did not…

2Cases cited1 opinion

  1. State v. VawterIndiana Supreme Court · 1845

3Cited by7 opinions

  1. Commonwealth v. SinclairMassachusetts Supreme Judicial Court · 1907
  2. State v. PostonSupreme Court of Missouri · 1876
  3. Thomas v. StateSupreme Court of Alabama · 1908
  4. State v. FutrellSupreme Court of Missouri · 1932
  5. State v. WeeksSupreme Court of Missouri · 1883

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