State v. Parm & Viney

21 Del. 556 | New York Court of General Session of the Peace | 1905

Lore, C. J.:

—The Court have thoroughly looked into the matter of the motion made this morning to quash the third count • of the indictment against John Farm and John Viney, and we think the word “person ” means other than the woman to be operated upon for the purprse of producing an abortion; that the person advising or counseling, or whatever it may be, the woman herself, is provided for in the earlier part of section 2; that the word counsel ” does not apply to persons giving her advice; and that therefore this count is bad, and ought to be, and is quashed and stricken out.

Nolle prosequi entered.

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