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Commonwealth of Massachusetts v. Bangs
Massachusetts Supreme Judicial Court
9 Mass. 387 (1812)
Bangs (defendant) was indicted by the Commonwealth of Massachusetts (plaintiff) for procuring an abortion after administering a potion to Lucy Holman that was designed to produce an abortion. The jury found Bangs guilty but concluded that Holman had taken the potion voluntarily. Bangs moved to set aside the judgment on the grounds that the abortion was not successful, that there was no evidence of quickening (fetal movement) at the time Holman took the potion, and that Holman had consented to taking the potion. In response, the Commonwealth argued that any overt act taken with the intent to procure an abortion constituted a misdemeanor and that Holman’s consent was not relevant.
Rule of Law
Holding and Reasoning
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