People v. . Axelsen
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered January 18, 1918, which affirmed a judgment of the Kings County Court rendered upon a verdict convicting the defendant of the crime of attempt to commit abortion.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered January 18, 1918, which affirmed a judgment of the Kings County Court rendered upon a verdict convicting the defendant of the crime of attempt to commit abortion. The question of law on appeal was: “ Can a person, under subdivision 2, section 80 of the Penal Law, be convicted of the crime of attempting to commit the crime of abortion when the indictment and the proof affirmatively show that the subject was not a pregnant woman? ”
1Opinion of the Court
Judgment affirmed on the ground that pregnancy is not a material element of the crime of abortion under subdivision 2 of section 80 of the Penal Law (Commonwealth v. Taylor, 132 Mass. 261); no opinion.
Concur: Chase, Cardozo, Pound, McLaughlin, Crane and Andrews, JJ. Not voting: Hogan, J.
2Cases cited1 opinion
- Commonwealth v. TaylorMassachusetts Supreme Judicial Court · 1882
3Cited by3 opinions
- Wyatt v. StateNevada Supreme Court · 1961
- People v. EmeryCalifornia Court of Appeal · 1947
- Rinker v. State Board of Medical ExaminersCalifornia Court of Appeal · 1943