People v. Restell
New York Supreme Court
The defendant was indicted and tried in the New-York general sessions, under 2 R. S. 694, § 21, which provides, that “ every person who shall wilfully administer to any pregnant woman any medicine, drug, substance or thing whatever, or shall use or employ any instrument or other means whatever to procure the miscarriage óf any such woman,” unless &c., shall upon conviction be punished &c.
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The defendant was indicted and tried in the New-York general sessions, under 2 R. S. 694, § 21, which provides, that “ every person who shall wilfully administer to any pregnant woman any medicine, drug, substance or thing whatever, or shall use or employ any instrument or other means whatever to procure the miscarriage óf any such woman,” unless &c., shall upon conviction be punished &c. The third count of the indictment charged, that the defendant made an assault upon Ann Maria Purdy, then being pregnant with child, and wilfully, wickedly &c.did use and employ, and cause and procure to be…
1Opinion of the Court
By the Court, Bronson, J.
The depositions of Mrs. Purdy, who had died before the trial, were offered in evidence upon two grounds : 1. as depositions taken de bene esse in the court of general sessions • and 2. as examinations before Mr. Merritt, the committing magistrate.. There is a difficulty at the outset, in allowing them to be read as depositions taken in the general sessions ; for, at the time they were taken, there was no suit or proceeding against the defendant pending in that court. The. defendant had just before been committed to prison by a magistrate on a criminal charge; but no…
2Cases cited4 opinions
- People v. WhiteNew York Supreme Court · 1839
- People v. MooreNew York Supreme Court · 1836
- Bellinger v. PeopleNew York Supreme Court · 1832
- Jackson ex dem. Green v. KentNew York Supreme Court · 1827