Scott v. State

• Decision Date: 09 May 1955
• Citation: 49 Del. 251,10 Terry 251,113 A.2d 880
• Parties: , 49 Del. 251 Ida M. SCOTT, Appellant, v. STATE of Delaware, Appellee.
• Court: Supreme Court of Delaware

Page 880

113 A.2d 880

10 Terry 251, 49 Del. 251

Ida M. SCOTT, Appellant, v. STATE of Delaware, Appellee.

Supreme Court of Delaware.

May 9, 1955.

Henry A. Wise, Jr., Wilmington, for appellant.

Herbert L. Cobin, Chief Deputy Atty. Gen., for the State.

SOUTHERLAND, C. J., and WOLCOTT and BRAMHALL, JJ., sitting.

BRAMHALL, Justice.

Appellant, Ida M. Scott, was indicted and tried as an accomplice in abortion. The indictment, which is based upon Title 11, Sec. 102(c) of the Del.C. of 1953, is in two counts. Appellant is charged, first, with procuring a certain Alice Quigley to perform an abortion on a named pregnant woman; and, secondly, with counseling the said Alice Quigley to perform the act of abortion upon the same woman. The case was tried before the court below without a jury. That court found the following facts:

'Shortly prior to December 17, 1952, a Mrs. Compton, who was pregnant, consulted defendant about an abortion. Mrs. Scott refused herself to aid her in any fashion, but stated she though she could find a person who would perform such an operation for her. Pursuant to arrangement by telephone, Mrs. Compton drove to defendant's apartment on December 17, picked her up and, under defendant's direction, drove to the apartment of Alice Quigley, where defendant introduced Mrs. Compton and Mrs. Quigley. Defendant then went into another room while Alice Quigley performed an act or acts intended to procure an abortion. Thereafter, Mrs. Compton paid Mrs. Quigley $150 and drove defendant to her home.'

The court below found that based upon these findings of fact defendant's guilt under the first count of the indictment was established beyond a reasonable doubt. The court stated that in view of its finding appellant guilty on the first count, it was unnecessary to analyze the evidence presented in the light of the charge of counseling as charged in the second count.

There was ample evidence upon which to base the findings of the court below.

At the trial and in her subsequent motion appellant contended: (1) that the indictment did not charge an offense under the laws of this State; (2) that the evidence did not warrant a conviction under either count of the indictment; and, (3) that appellant was not given her constitutional rights entitling her to immediate discharge because of the failure on the part of the State to accord to her a speedy trial within the meaning of Amendment Art. 6 of the federal constitution and Art. 1, Sec. 7 of the Constitution of the State of Delaware, Del.C.Ann. The latter question was not raised in the appeal and will not be considered.

Two questions were presented: (1) Does the indictment charge an offense against the laws of this State? (2) Was the evidence sufficient to warrant the court below in finding appellant guilty of procuring a third person to perform an abortion? Since the latter question is dispositive of the case we need not consider the sufficiency of the indictment.

Was sufficient evidence presented to warrant the court below in finding appellant guilty under the first court of the indictment charging appellant with procuring an abortion?

Appellant contends that she should not have been convicted upon Count No. 1 of the indictment charging her with procuring one Alice Quigley to perform an abortion upon the third party. She asserts that the record is completely bare of any evidence showing that she procured Alice Quigley to commit an abortion. Appellant also says that such statement is not included in the findings of fact of the court below,--findings which that court determined to have demonstrated appellant's guilt beyond a reasonable doubt.

The State contends that there was ample evidence to warrant conviction of appellant upon this count of the indictment. It alleges that testimony was presented to prove the following facts: Appellant secured the name and address of the person who later performed the abortion; she talked with that person on the telephone and made arrangements for the meeting between the woman involved and Mrs. Quigley; she went with the woman to Mrs. Quigley's apartment; she talked with Mrs. Quigley privately prior to the alleged commission of the abortion; she had known Mrs. Quigley for some period of time; she remained at the apartment of Mrs. Quigley, though not in the room, at the time the abortion was committed.

With the exception of the alleged testimony relative to the calling of Mrs. Quigley on the telephone by appellant and the statement that appellant and Mrs. Quigley talked privately when appellant and the woman went into Mrs. Quigley's apartment, the evidence relates entirely to the relationship between appellant and the woman involved and not to the relationship...