70 Mo. App. 518 | Mo. Ct. App. | 1897
Information was filed by Richard M. Johnson, assistant prosecuting attorney of the city of St. Lonis, in the court of criminal correction, charging the defendant under section 3495, Revised Statutes 1889, with having produced an abortion upon one Louisa Bateman by the use of an instrument. The defendant was arraigned, tried, found guilty, and sentenced to the workhouse for six months, and to pay a fine of $100. From this judgment and sentence she duly appealed to this court.
The evidence on the part of the state is as follows:
“Louisa Bateman testified as follows:
‘ ‘I called on the defendant at her home. She lived at No.-, Palm street. I told her what was the matter with me. She said she wanted $15, which I paid her. She then took me into a dark room, and I laid down and she examined me. I saw something shining in her hand, it looked like an instrument about six or seven inches long. She used it upon me, I think. I thought I felt it. She then told me to go home, and said that in three days it would be expelled. Inside of three days I was taken sick and sent Mrs. Catherine Sexton for Mrs. Sehuerman, who refused to come and see me. Something left me about that size (indicating), I was informed by Mrs. Sehuerman that I was about three months gone.”
Cross-examination by Mr. Martin.
“Couldn’t say what kind of an instrument it was. It looked long and bright. The room was rather dark. Yes, I went there myself. Didn’t say I wanted to find out what was the matter.”
Judgment reversed and cause remanded.