Commonwealth of Massachusetts v. David R. Brown
Massachusetts Supreme Court
80 Mass. 419 (1860)
- Written by Jenny Perry, JD
Facts
David Brown (defendant), a physician, was indicted for performing an abortion on Susan Webster, who died as a result of the procedure. The indictment filed by the Commonwealth of Massachusetts charged that Brown used instruments upon Webster to pierce and lacerate her womb for the purpose of procuring an abortion. In the same count, the indictment also charged that, with the intent to cause Webster to miscarry and to procure the premature delivery of Webster’s child, Brown killed Webster. The statute under which Brown was charged provided that the offender’s sentence would be increased and aggravated if a woman died as a result of any of the acts prohibited thereunder. Brown was convicted and appealed. Brown argued, among other things, that the first count of the indictment was improper because it was double in that it charged him with the distinct crimes of manslaughter and attempt to procure an abortion.
Rule of Law
Issue
Holding and Reasoning (Merrick, J.)
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