State v. Tippie

Citations

• 89 Ohio St. (N.S.) 35

Syllabus

<p>Attempt to procure miscarriage — By use of instrument or other means — Administering non-abortive drug as anesthetic — Death of woman results from use of such drug — Party administering same guilty under Section 12412, General Code, when — Evidence admissible to show absence of criminal intent — Error of common pleas court in overruling motion for new trial — Question of weight of evidence — Question of the discharge or remanding of accused by the court of appeals.</p> <p>1. Whoever, with the intent to procure the miscarriage of a woman by the use of an instrument or other means, administers to her a non-abortive drug as an anesthetic preparatory to the use of such instrument or other means of procuring an abortion, and the woman dies in consequence of the administering of such drug before the use of instruments or other means by such person to procure such miscarriage, and it does not ap-, pear that such contemplated miscarriage is necessary to preserve her life, or that the procuring of such miscarriage was advised by two physicians to be necessary for that purpose, is guilty of a violation of the provisions of Section 12412, General Code.</p> <p>2. Under such circumstances every act done and performed in furtherance of such unlawful purpose is an integral part of the whole unlawful transaction; and the fact that death ensues before the .final act in the contemplated crime can be accomplished, is not a defense to an indictment charging a violation of this section.</p> <p>3. If it appear that a non-abortive drug is administered to a woman as an anesthetic to enable a duly authorized and practicing physician fully and carefully to examine into the woman’s actual condition for the purpose of determining if it be necessary to produce a miscarriage in order to save her life, and the woman dies from the effect of the drug so administered, and no miscarriage is performed, nor intended to be performed unless the examination disclose that it is necessary to preserve the