State v. Ellrich

89 A.2d 685 (1952)

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State v. Ellrich

New Jersey Supreme Court
89 A.2d 685 (1952)

Facts

A young, pregnant woman traveled to visit Dr. Howard Welcher (defendant) to inquire about getting an abortion. An abortion was illegal, and Welcher refused to perform the procedure. However, Welcher gave the woman the name of Jean Ellrich (defendant) and a phone number. Ellrich was not a medical doctor. Welcher told the woman to (1) call the number from a pay phone across the street and (2) tell Ellrich that she was calling from 7900 Hudson Boulevard, which was the address of Welcher’s office. The woman followed the instructions and scheduled an appointment to have Ellrich perform an abortion procedure. When the woman arrived at the appointment, the procedure was interrupted by law enforcement, and the abortion was not performed. Welcher was convicted of attempted abortion on the theory that he was an accomplice who had aided and abetted the attempted abortion. On appeal, Welcher argued that he had merely provided some information to the woman and had not been involved with what the woman did with the information. Welcher claimed that this evidence was insufficient to find that he had the mens rea needed to aid and abet an illegal abortion.

Rule of Law

Issue

Holding and Reasoning (Wachenfeld, J.)

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