State v. Harris

Citations

• 90 Kan. 807
• 136 P. 264
• 1913 Kan. LEXIS 311

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Abortion — Information—Manslaughter in First Degree. An information alleging the use of a certain instrument to procure the abortion or miscarriage of a woman pregnant with a vitalized embryo, not necessary or medically advised to be necessary to preserve her life, resulting in her death, charges a crime which would be murder at the common law, and which is manslaughter in the first degree under section 12 of the crimes act (Gen. Stat. 1909, §2600).</p> <p>2. - Same. The averment that such instrument was used with the intent to procure such abortion or miscarriage renders it unnecessary to allege that it was without a design to effect death, the presumption in favor of the defendant being sufficient to negative an intent more malevolent and criminal than the one expressly charged.</p> <p>3. Abortion. — Consent of the Woman — Crime Committed. Although such instrument was used with the assent of the woman, for the sole purpose of procuring an abortion or miscarriage, still such use and purpose being immoral, violative of the law of nature, deliberate in character, reckless of life, and necessarily attended with danger to the mother and likely seriously to injure her, if her death result the common law will imply malice and hold the person so using such instrument guilty of her murder, regardless of whether she was pregnant with a quick child or with a vitalized embryo.</p>