State v. Miller

Citations

• 90 Kan. 230
• 133 P. 878
• 1913 Kan. LEXIS 196

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Abortion — Information—Charge Sufficient under Statute. The legislature, by section 2532 of General Statutes of 1909, made the willful administration to any pregnant woman of any medicine, drug or substance whatsoever, or the employment or use of any instrument or means whatsoever, with intent thereby to procure an abortion or the miscarriage of such woman, with, no medical advice or necessity therefor, a misdemeanor, regardless of the character of the things administered or' used.</p> <p>2. - The Term “Means Whatsoever” Construed — Ejusdem Generis. The term “any instrument or means whatsoever” is not limited by the rule of ejusdem generis, rules of construction applying only in case ambiguity or uncertainty calls for aids to a correct construction of a statute.</p> <p>3. - Bill of Particulars in Criminal Case — Judicial Discretion. The matter of requiring a bill of particulars in a criminal case is discretionary and when no abuse of discretion is shown no error is committed in refusing such bill.</p> <p>4. Instructions — To Entire Panel at Opening of Term. The statute prescribes the time and manner of instructing juries, and if at the opening of a term it is thought best to address the panel generally touching their duties, care should be used to avoid suggestions or statements likely to influence their decision when called upon later to sit in a given case.</p> <p>5. Abortion — Statement of Prosecutrix as to Parentage of Child —Competent Evidence. The theory of the state was that the father brqught his daughter to the defendant to be relieved of a trouble which he had caused, and that she was received by the accused for the accomplishment of such purpose. Having formerly stated that a brother was the cause of her condition, the daughter testified that she thought he was, and was then asked if any other person had had intercourse with her along about that time, to which she answered, “Yes, — father.” Held, competent as tending to