State v. Brady
| Decision Date | 23 April 1919 |
| Docket Number | 378. |
| Citation | 99 S.E. 7,177 N.C. 587 |
| Parties | STATE v. BRADY. |
| Court | North Carolina Supreme Court |
Appeal from Superior Court, Guilford County; Shaw, Judge.
Charles Brady was convicted of the crime of prescribing, procuring and advising the use of medicine for the purpose of producing an abortion, and after the overruling of his motion in arrest of judgment he excepts and appeals from the judgment pronounced on the verdict. No error.
The defendant was convicted on the following indictment:
There was a verdict of guilty, and the defendant moved in arrest of judgment, which was overruled, and he excepted and appealed from the judgment pronounced on the verdict.
A judgment in a criminal prosecution can only be arrested for defects in the bill of indictment when it shows substantial defects on its face, and the court cannot look to extrinsic evidence to ascertain such defects.
John A. Barringer, of Greensboro, for appellant.
James S. Manning, Atty. Gen., and Frank Nash, Asst. Atty. Gen., for the State.
The defendant concedes that the first part of the indictment, charging him with prescribing, is good, and he does not question the correctness of the principle that when there are two or more counts in an indictment, some good and others defective, that a general verdict of guilty will be upheld ( State v. Klingman, 172 N.C. 950, 90 S.E. 690), but he insists that there is no evidence that he prescribed medicine, etc., and as the procuring and advising are not properly charged, that the judgment ought to be arrested.
The difficulty with this position is that:
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State v. Morgan
... ... 322, 199 S.E. 81; ... State v. Tarlton, 208 N.C. 734, 182 S.E. 481; ... State v. Tyson, 208 N.C. 231, 180 S.E. 85; State ... v. Cook, 207 N.C. 261, 176 S.E. 757; State v ... Lewis, 194 N.C. 620, 140 S.E. 434; State v ... Anderson, 196 N.C. 771, 147 S.E. 305; State v ... Brady, 177 N.C. 587, 99 S.E. 7; State v ... McKnight, 196 N.C. 259, 145 S.E. 281 ... [38 S.E.2d 168.] ... Under ... G.S. s 49-2, the neglect or refusal to support an ... illegitimate child must be wilful and it must be so charged ... in the warrant or bill of indictment. The ... ...
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State v. Anderson
... ... Moreover, ... there is no allegation that any patient was injured or harmed ... in any manner ... These ... defects appear upon the face of the bill, and the motion in ... arrest of judgment should have been allowed. State v ... Brady ... ...
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State v. Powell
... ... Ann. Cas. 1916C, 627) ... It is ... not necessary to charge or prove that the defendant procured ... the drug himself or that the woman actually used it. All that ... is necessary is to prove that he prescribed or advised its ... use with the illegal intent. State v. Brady, 177 ... N.C. 587, 99 S.E. 7. Upon these authorities the defendant ... seems to have been properly convicted ... The ... jury might very properly have acquitted the defendant, upon ... the evidence, as the state's case was very weak; but we ... cannot say that there was ... ...