State v. Magnell

Citations

• 19 Del. 307
• 3 Penne. 307
• 51 A. 606
• 1901 Del. LEXIS 36

Syllabus

<p>Criminal Law— Using Instrument to Procure Miscarriage—Statute — What the State must prove—Intent; Evidence of.</p> <p>1. Procuring a miscarriage, within the meaning and purpose of the act, is the unlawful destruction, or the bringing or causing to be brought forth prematurely of the foetus or unborn off-spring of a pregnant woman, at any time before birth according to the course of nature.</p> <p>2. In order to warrant a verdict of guilty the State must prove—(I) That the prisoner used an instrument as alleged in the indictment. (2) That he used it with the intent to procure the miscarriage of a person who was at the time pregnant or supposed by the prisoner to be pregnant. (3) That the miscarriage was not necessary to preserve the life of the woman upon whom the instrument was used.</p> <p>3. The date of the alleged oflense stated in the indictment is not material, and the crime may be shown to have been committed at any time prior to the finding of the indictment.</p> <p>4. It is not necessary for the State to prove that the prisoner actually caused or accomplished the alleged miscarriage. It will be sufficient to prove that he used the alleged instrument with the intent to procure the miscarriage; and it is immaterial that the woman herself actually caused the miscarriage, or that it was by her consent or entreaty that the prisoner attempted to procure it.</p> <p>5. The intent may be shown by the confession or declaration of the accused, or by his acts, conduct, etc., from which the intent maybe reasonably inferred.</p>