Scott v. People

Citations

• 141 Ill. 195
• 30 N.E. 329
• 1892 Ill. LEXIS 972

Syllabus

<p>1. Criminal law—abortion — attempt to produce—sufficiency of indictment. An indictment for an attempt to produce an abortion, which not only charges the offense in the language of the statute, but also so plainly that the nature of the offense may be easily understood by the jury, is sufficient on motion to quash or in arrest of judgment.</p> <p>2. Counts of an indictment for an attempt to produce an abortion, which allege that the defendant used certain instruments (which are named) in and upon a woman pregnant with child, by forcing and inserting them into her womb, and thereby attempted to produce a miscarriage, it not being necessary to do so to preserve her life, sufficiently set out the facts showing an attempt to produce the miscarriage, and to show a criminal intent.</p> <p>3. Same—evidence showing motive. In a prosecution for an attempt to produce an abortion, it is proper for the People to introduce evidence showing a motive on the part of the defendant for making the attempt. For that purpose, proof that the defendant had sexual intercourse with the prosecutrix, and that he was the father of her child, is proper, and an instruction calculated to induce the jury to ignore the testimony as to his intercourse with her is properly refused.</p> <p>4. Same—proof of use of instruments alleged in the indictment. Where an indictment charges that an attempt has been made to produce a miscarriage by the use of several different instruments, it is not necessary to prove that the defendant used all the instruments described. The indictment will be sustained by proving that one of the instruments was used as alleged.</p> <p>5. Same—express allegation includes what is necessarily implied— attempt includes intent. It is a principle of criminal pleading that whatever is included in or necessarily implied from an express allegation need not be otherwise averred. The word “attempt” necessarily includes an intent to do the act.</p> <p>6. Same—attempt, defined. An attempt