State v. Magnell

• Decision Date: 30 November 1901
• Citation: 19 Del. 307,51 A. 606
• Court: Court of General Sessions of Delaware
• Parties: STATE v. LOUISA MAGNELL

51 A. 606

19 Del. 307

STATE v. LOUISA MAGNELL

Court of General Sessions of Delaware, New Castle County

November 30, 1901

Court of General Sessions, New Castle County, November Term, 1901.

INDICTMENT FOR USING INSTRUMENT TO PROCURE A MISCARRIAGE.

Verdict, guilty.

Herbert H. Ward, Attorney-General and Robert H. Richards, Deputy Attorney-General, for the State.

J Frank Ball and John F. Lynn for the defendant.

LORE C. J. and SPRUANCE and GRUBB, J. J., sitting.

OPINION

GRUBB, J., charging the jury:

Gentlemen of the jury:--On February 13th, 1883, the General Assembly believing, as we must presume, that the practice of unlawfully procuring miscarriages of pregnant women had become so prevalent as to seriously imperil human life and the general welfare, and to call for stringent provisions for its rigid suppression enforced by severe punishment, passed the act, entitled "An Act to punish the Procurement of Abortion."

The prisoner, Louisa Magnell, is indicted and now on trial under section 2 of this statute which provides as follows:

"SECTION 2. Every person who, with the intent to procure the miscarriage of any pregnant woman or women supposed by such person to be pregnant, unless the same be necessary to preserve her life, shall administer to her, advise, or prescribe for her, or cause to be taken by her any poison drug, medicine, or other noxious thing, or shall use any instrument or other means whatsoever, or shall aid, assist, or counsel any person so intending to procure a miscarriage, whether said miscarriage be accomplished or not, shall be guilty of a felony, and upon conviction thereof shall be fined not less than one hundred dollars nor more than five hundred dollars and be imprisoned for a term not exceeding five years nor less than one year."

Procuring a miscarriage, within the meaning and purpose of this act, is the unlawful destruction, or the bringing or causing to be brought forth prematurely of the foetus or unborn off-spring of a pregnant woman, at any time before birth according to the course of nature. In order to warrant the jury, in the present instance, in finding a verdict of guilty under this statute, the burden is on the State to prove to your satisfaction, beyond a reasonable doubt, first, that the prisoner, Louisa Magnell, on or about July 26th, of the present year, in this county, used an instrument as alleged in this indictment; second, that she so used it then and there, with the intent to procure the miscarriage of Mary M. Taylor, she being then and there pregnant, or the said prisoner supposing her to be so pregnant; and third, that said miscarriage was not then and there necessary to preserve the life...