State v. Evans, 15518.

• Citation: 25 S.E.2d 492
• Decision Date: 29 March 1943
• Docket Number: No. 15518.,15518.
• Court: United States State Supreme Court of South Carolina
• Parties: STATE. v. EVANS.

25 S.E.2d 492

STATE.
v.
EVANS.

No. 15518.

Supreme Court of South Carolina.

March 29, 1943.

[25 S.E.2d 493]

Appeal from General Sessions Court, of Spartanburg County; T. S. Sease, Judge.

William E. Evans was convicted of procuring an abortion resulting in death, and he appeals.

Affirmed.

C. Y. Brown and D. W. Galloway, both of Spartanburg, for appellant.

Samuel R. Watt, of Spartanburg, for respondent.

FISHBURNE, Justice.

The indictment in this case is based upon Section 1112, 1942 Code, the pertinent portion of which reads as follows: "Any person * * * who shall use or employ, or advise the use or employment of, any instrument or other means of force whatever, with intent thereby to cause or procure the miscarriage or abortion or premature labor of any such woman, unless the same shall have been necessary to preserve her life, or the life of such child, shall, in case the death of such child or of such woman results in whole or in part therefrom, be deemed guilty of a felony, and, upon conviction thereof, shall be punished by imprisonment in the penitentiary for a term not more than twenty years nor less than five years. But no conviction shall be had under the provisions of this section upon the uncorroborated evidence of such woman."

The abortion was performed upon Inez Crawford, a young woman eighteen years of age, on June 23, 1942, by Henrietta Henderson, a former negro midwife, at her home some miles out of the city of Spartanburg. This criminal operation was followed by miscarriage and death, on June 26th, and the defendant was indicted for his alleged part in the crime.

From a judgment of conviction the defendant appeals to this Court, raising two issues, the first of which imputes error to the lower Court in admitting over objection the testimony of Sheriff S. M. Henry, in which he undertook to testify to certain statements made by Henrietta Henderson in the presence of the defendant, William E. Evans, while both of them were under arrest in the county jail.

Sheriff Henry and two other officers arranged an interview in which Evans was confronted by Henrietta Henderson, who made accusatory statements to Evans, or in his presence, tending to incriminate him

[25 S.E.2d 494]

in the procurement of the criminal abortion. This testimony is not over long, and we quote it:

"Q. Whom did you bring into the room, into Mr. Evans' presence? A. Brought Henrietta Henderson.

"Q. What did she state to Mr. Evans, and in his presence? A. She stated that Mr. Evans had come over there to her house, after the car had left her house and the girl; and after she arrived home the girl was at her house a couple of hours, something like that, Mr. Evans come back to her house and stayed for some time; and she carried her out and done the job what she stated. She said that she used something, some instrument on this girl * * *

"Q. What did she say she used it for? A. For to cause a miscarriage.

"Q. Where did she say that took place? A. In her house in the back room, in the presence of Mr. Evans.

"O. Where did she tell Mr. Evans he was sitting? A. In the room just opposite, on the couch or lounge; said her husband was there with him.

"Q. What happened, when they came out of the room? A. The girl had Ten Dollars folded up in her hand...