Hawker v. New York
Supreme Court of the United States
ERROR TO THE COURT OE GENERAL SESSIONS OE THE PEACE EOR THE CITY AND COUNTY OE NEW YORK, STATE OE NEW YORK. In 1878 the plaintiff in error, defendant below, was tried and convicted in the Court of Sessions of Kings County, New York, of the crime of abortion, and sentenced to imprisonment in the penitentiary for the term of ten years.
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ERROR TO THE COURT OE GENERAL SESSIONS OE THE PEACE EOR THE CITY AND COUNTY OE NEW YORK, STATE OE NEW YORK. In 1878 the plaintiff in error, defendant below, was tried and convicted in the Court of Sessions of Kings County, New York, of the crime of abortion, and sentenced to imprisonment in the penitentiary for the term of ten years. On May 9,1893, the legislature of the State of New York passed an act entitled “The Public Health Law,” Laws 1893, c. 661, which, as amended by the law of April 25, 1895, c. 398, provides, among other things, as follows : “Section 153. Any person who, . . . after…
1Opinion of the CourtJustice Brewer
The single question presented is as to the constitutionality of this statute when applied' to one who had been convicted of ;a felony prior to its enactment.- Its unconstitutionality is alleged on the ground of an alleged’conflict with article I, section 10, of the Constitution of the United States, which forbids a State to pass “ any Bill of Attainder, ex post facto Law or law impairing the Obligation of Contracts.” The arguments for and against this contention may be thus briefly stated.
On the one hand it is said that defendant was tried, convicted and sentenced for a criminal offence. He…
Also in this document: Dissent.
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