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Commonwealth of Massachusetts v. Luceba Parker
Massachusetts Supreme Court
50 Mass. 263 (1845)
- Written by Jenny Perry, JD
Facts
Luceba Parker (defendant) was indicted by the Commonwealth of Massachusetts for having performed three surgical abortions on married women. The jury found Parker guilty on the first and third counts of the indictment and not guilty on the second. Parker moved for an arrest of judgment on the first count on the ground that it did not contain an indictable offense because there was no allegation the woman was quick with child at the time of the operation. On the third count, Parker moved for a new trial, arguing the verdict was contrary to the evidence because it was not proved that the woman was quick with child at the time of the operation. The court overruled both motions, and Parker appealed.
Rule of Law
Issue
Holding and Reasoning (Shaw, C.J.)
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