Slattery v. People of State

• Decision Date: 31 January 1875
• Citation: 1875 WL 8176,76 Ill. 217
• Parties: TREVIOR SLATTERYv.THE PEOPLE OF THE STATE OF ILLINOIS.
• Court: Illinois Supreme Court

76 Ill. 217

1875 WL 8176 (Ill.)

TREVIOR SLATTERY

v.THE PEOPLE OF THE STATE OF ILLINOIS.

Supreme Court of Illinois.

January Term, 1875.

OPINION TEXT STARTS HERE

WRIT OF ERROR to the Circuit Court of Hancock county; the Hon. JOSEPH SIBLEY, Judge, presiding.

This was an indictment against Trevior Slattery, for producing the miscarriage of his wife, Celestia Slattery, by beating her, etc. The defendant was convicted, and sentenced to three years' imprisonment in the penitentiary.

Mr. HENRY W. DRAPER, and Mr. GEO. EDMUNDS, Jr., for the plaintiff in error.

Mr. B. F. PETERSON, State's Attorney, and Mr. JAS. K. EDSALL, Attorney General, for the People. Mr. JUSTICE BREESE delivered the opinion of the Court:

Plaintiff in error was indicted, at the June term, 1874, of the Hancock circuit court, for feloniously, unlawfully and maliciously beating, striking, kicking, pinching and crushing one Celestia Slattery, a pregnant woman, with intent unlawfully, feloniously and maliciously to cause her to miscarry, and by means whereof she did miscarry.

The jury found the defendant guilty, and fixed his imprisonment in the penitentiary at three years. A motion for a new trial was denied, and judgment rendered on the verdict.

The record is brought here by writ of error, and various errors assigned. Those which are deemed important will be noticed.

The section of the statute under which the indictment was found is as follows: “Whoever, by means of any instrument, medicine, drug, or other means whatever, causes any woman pregnant with child to abort or miscarry, or attempts to procure an abortion or miscarriage, etc., shall be imprisoned in the penitentiary not less than one year nor more than ten years.” Rev. 1874, p. 352.

This statute is evidently aimed at professional abortionists, and at those who, with the intent and design of producing abortion, shall use any means to that end, no matter what those means may be, but not at those who, with no such purpose in view, should, by a violent act, unfortunately produce such a result. The intent to produce an abortion must exist when the means are used. That is the charge in the indictment. It is there charged the prisoner did feloniously and maliciously beat this pregnant woman, with intent unlawfully, feloniously, etc., to cause her to miscarry.

The party alleged to have been so beaten is the wife of the prisoner, who, by his own confession, had not treated her in the kindest manner, but there is not a particle of proof in the record going to show that her miscarriage was caused by any violence he at any time used towards her, or that he had the least idea such would be the result, or that he desired or intended such a result.

A felonious and malicious intent to cause a miscarriage being charged in the indictment, circumstances sufficient to satisfy the jury of the intent, should be shown. A criminal offense consists in a violation of a public law, in the commission of which there must be a union or...