State v. Moothart
Supreme Court of Iowa
Appeal from Washington District Oourt — IíoN. JohN T. ■ ' Scott, Judge. The defendant was charged by indictment in two counts with ^attempting to .procuro miscarriage.
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Appeal from Washington District Oourt — IíoN. JohN T. ■ ' Scott, Judge. The defendant was charged by indictment in two counts with ^attempting to .procuro miscarriage. In the first it is charged that ho “did willfully, feloniously, and unlawfully administer to one Martha Marr, she, the said Martha Marr, being then and there a pregnant woman, a certain drug or substance, commonly called ‘ergot,’ with intent to produce the miscarriage of her, the said Martha Marr, a pregnant woman as aforesaid; the said miscarriage not being necessary to save the life of her, the said Martha Marr.” The second…
1Opinion of the CourtGiven-, J.
I. The defendant’s first contention is that the indictment is defective, in that it does not set forth the manner of administering the drag, nor sufficiently describe 1 the drug, “and state whether it was liquid,, solid or gaseous.” It is argued that as there are various foams of drugs, and various ways of administering them, the form of the drug and the manner in which it was administered should be set out. Section 4759 of the Code, under which this indictment is found, is as follows: “If any person, with intent to produce the miscarriage of, any pregnant woman, willfully administer to her…
2Cases cited3 opinions
- State v. BrandtSupreme Court of Iowa · 1875
- State v. PotterSupreme Court of Iowa · 1870
- State v. Chicago, Burlington & Pacific Railway Co.Supreme Court of Iowa · 1884
3Cited by5 opinions
- Commonwealth v. SinclairMassachusetts Supreme Judicial Court · 1907
- McCaughey v. StateIndiana Supreme Court · 1901
- State v. StaffordSupreme Court of Iowa · 1909
- State v. BarrettSupreme Court of Iowa · 1924
- State v. HansonSouth Dakota Supreme Court · 1928