Commonwealth of Massachusetts v. Wood
Massachusetts Supreme Court
77 Mass. 85 (1858)
- Written by Jenny Perry, JD
Facts
Robert Wood (defendant), a physician, impregnated and then performed an abortion on Sarah Chaffee. The Commonwealth of Massachusetts (plaintiff) indicted Wood, and at trial, Chaffee testified that Wood had promised to marry her upon learning she was pregnant but could not do so immediately because he was recently widowed. Chaffee initially objected to Wood’s suggestion that he perform an abortion, but she ultimately agreed to the procedure. The judge instructed the jury that under the common law, it was not an offense to perform an abortion unless it was alleged and proved that the woman was quick with child, which was the stage of pregnancy at which the common law considered the child to be alive, but that under the applicable Massachusetts statute, it was not necessary to allege or prove that the child had life. The jury found Wood guilty, and he appealed. Wood argued, among other things, that the indictment was insufficient because it did not allege that the child Chaffee was pregnant with was alive or that Chaffee was quick with child. Wood also asserted that a justification would exist if the child Chaffee was pregnant with was not a live child.
Rule of Law
Issue
Holding and Reasoning (Thomas, J.)
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