State v. Eisen

• Decision Date: 19 January 1909
• Parties: STATE v. EISEN. [d1]
• Court: Oregon Supreme Court

99 P. 282

53 Or. 297

STATE v. EISEN. ^[d1]

Supreme Court of Oregon

January 19, 1909

Appeal from Circuit Court, Multnomah County; Thomas O'Day Judge.

William Eisen was convicted of contributing to the delinquency of a minor child, and he appealed. Reversed, and judgment directed to be entered dismissing the complaint.

Waldemar Seton, for appellant.

David N. Mosessohn and I.H. Van Winkle, for the State.

KING C.

Defendant was tried and convicted on an information filed by the district attorney, charging him, jointly with two others, with having committed an act contributing, and manifestly tending to contribute, to the delinquency of a minor child. From a judgment sentencing him to pay a fine of $500, he appeals.

The only point presented relates to the sufficiency of the facts charged to constitute a crime. The information, omitting the formal parts, reads: "William Eisen, Ernest Hayman, and David Smith on the first day of October, 1907, in the county of Multnomah and state of Oregon, then and there being, did then and there willfully and unlawfully commit an act which encouraged, caused and contributed to the delinquency of one Jennie Sigher, a minor child of the age of seventeen years and did commit an act which did manifestly tend to cause the said Jennie Sigher to become a delinquent child in a way and manner as follows, to wit: She, the said Jennie Sigher, being on the first day of October, 1907, in the county of Multnomah and state of Oregon, pregnant, the said William Eisen, Ernest Hayman and David Smith then and there willfully and unlawfully used and employed in and upon the body and womb of the said Jennie Sigher, certain instruments and other means, a more particular description of which said instruments and other means is to the district attorney unknown, and did willfully administer certain drugs medicines and substances to her, the said Jennie Sigher, a more particular description of which is to the district attorney unknown, with the intent of them, the said William Eisen, Ernest Hayman and David Smith then and there to produce and procure an abortion and miscarriage of her, the said Jennie Sigher, and to destroy the foetus wherewith the said Jennie Sigher was then and there pregnant as aforesaid, and it not being then and there necessary to use or employ said instruments, means, drugs, medicines or substances to destroy the said foetus to preserve the life of her, the said Jennie Sigher, and in consequence thereof the said Jennie Sigher was then the there prematurely delivered of said foetus with which she was so pregnant as aforesaid, contrary to the statutes in such cases made and provided, and against the peace and dignity of the state of Oregon." The information does not disclose that the minor there named has in fact become a delinquent child, and, so far as appears therein, she was a married woman at the time she became pregnant. The only acts stated in the information having the appearance of being in violation of any law consisted in the administering of drugs to, and the use of instruments upon, Jennie Sigher, by means of which a miscarriage was produced.

It is obviously not the purpose of the juvenile act to provide either additional methods of prosecuting, or cumulative penalties for, crimes, for the prosecution and punishment of which provision has otherwise been made by the...