Legal Opinion

State v. Smith

Supreme Judicial Court of Maine

Decided January 21, 1851PublishedCited by 18 opinions

Indictment, for the murder of one Beringera D. Caswell. It contained four counts. The third count charged, in substance, that at, on, &c. Beringera D. Caswell was pregnant and quick with child, and that the defendant, intending to procure an abortion, did [in a certain described mode,] apply to the person of said Beringera a certain [described] metallic instrument, whereby he caused her to become sick and to die.

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Indictment, for the murder of one Beringera D. Caswell. It contained four counts. The third count charged, in substance, that at, on, &c. Beringera D. Caswell was pregnant and quick with child, and that the defendant, intending to procure an abortion, did [in a certain described mode,] apply to the person of said Beringera a certain [described] metallic instrument, whereby he caused her to become sick and to die. A witness testified, that he was an experienced medical man, and that he made a post mortem examination of the body. He was then asked by the counsel for the State, whether he…

1Opinion of the Court

Shepley, C. J.,

Gentlemen of the jury — Upon you, in some degree, depends the just administration of the law. If you disregard the law, the promises which it makes to the citizen, of life, liberty and the pursuit of happiness, become unreliable. But happily your course is a straight one, fraught with no difficulties. With the opinion of others, in the court room or out of it, you have nothing to do. If your duty be faithfully performed, you can, in no event have cause for regret.

The defendant is to be considered innocent, until his guilt be proved.

Does the evidence satisfy you : —

1, that the…

2Cited by18 opinions

  1. Gipe v. StateIndiana Supreme Court · 1905
  2. State v. WallaceSupreme Judicial Court of Maine · 1975
  3. State v. WilliamsSupreme Court of Vermont · 1920
  4. Wood v. Metropolitan Street Railway Co.Supreme Court of Missouri · 1904
  5. Barton v. CommonwealthCourt of Appeals of Kentucky (pre-1976) · 1931

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