Mills v. Commonwealth
Supreme Court of Pennsylvania
Error to the court of Quarter Sessions of Dauphin county. Mills had been tried for an attempt to procure abortion of a female, tried at November sessions, 1849. Defendant was convicted and sentenced to undergo punishment in the Dauphin county prison, by separate confinement at labor, for and during the term -of one year, to commence and -be computed from the expiration of the sentence on the indictment for attempting to procure abortion of another female, &c.
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Error to the court of Quarter Sessions of Dauphin county. Mills had been tried for an attempt to procure abortion of a female, tried at November sessions, 1849. Defendant was convicted and sentenced to undergo punishment in the Dauphin county prison, by separate confinement at labor, for and during the term -of one year, to commence and -be computed from the expiration of the sentence on the indictment for attempting to procure abortion of another female, &c. It was charged in the indictment as follows : Dauphin county,- ss. The Grand Inquest of the Commonwealth of Pennsylvania, inquiring in…
1Opinion of the Court
The opinion of the court was delivered by
Coulter, J.
The error assigned is that’ the indictment charges that the defendant, with intent to cause and procure the miscarriage and abortion of the said Mary Elizabeth Lutz, instead of charging the intent to cause and’produce the miscarriage and abortion of the child. But it is a misconception of the léarned counsel that no abortion can be predicated of the act of untimely birth by foul means.: Miscarriage, both in law and philology, .means the bringing forth the foetus before it is perfectly formed and capable of living ; and is rightfully…
2Cited by20 opinions
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- Rosen v. Louisiana State Board of Medical ExaminersDistrict Court, E.D. Louisiana · 1970
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