State v. Sturchio.
| Decision Date | 09 March 1944 |
| Docket Number | No. 20.,20. |
| Parties | STATE v. STURCHIO. |
| Court | New Jersey Supreme Court |
OPINION TEXT STARTS HERE
Error to Supreme Court.
Edoardo Sturchio was convicted of criminal abortion, and to review a judgment of the Supreme Court affirming the conviction, 130 N.J.L. 259, 32 A.2d 577, he brings error.
Affirmed.
Ferdinand D. Masucci, and Kessler & Kessler, all of Newark, for plaintiff in error.
William A. Wachenfeld, Donal C. Fox, and C. William Caruso, all of Newark, for defendant in error.
The judgment under review is affirmed.
In the opinion of the Supreme Court it is said [130 N.J.L. 259, 32 A.2d 578]: ‘There was plenary proof in the case from which the jury could find that Geraldine Gauthier was pregnant to the knowledge of the defendant, who, with intent to procure a miscarriage, used instruments upon her which terminated a pregnancy.’ The defendant-appellant at the trial insisted that cessation of pregnancy was essential to conviction for criminal abortion. We do not agree with this contention. The three essential elements required to establish guilt of the alleged offense in this case were pregnancy, intent to produce a miscarriage, and the use of an instrument or other means to produce a miscarriage. N.J.S.A. 2:105-1. The termination of pregnancy was not essential to a conviction.
Except as stated, the judgment is affirmed on the opinion of the Supreme Court.
For affirmance: The CHANCELLOR, Justices PARKER, CASE, DONGES, HEHER, PERSKIE, and PORTER, and Judges DEAR, WELLS, RAFFERTY, HAGUE, THOMPSON, and DILL-13.
For reversal: None.
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State v. Moretti
...statute, N.J.S. 2A:87--1, N.J.S.A., an essential element of the crime of abortion is that the woman be pregnant. State v. Sturchio, 131 N.J.L. 256, 36 A.2d 301 (E. & A. 1943); State v. Colmer, 45 N.J.Super. 236, 243, 132 A.2d 325 (App.Div.), certification denied, 25 N.J. 44, 134 A.2d 539 (1......
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State v. Nagy
... ... Raymond, supra, and by Mr. Justice ... Perskie in State v. Fay, supra. Also see State v. Lanto, 99 N.J.L. 94, 122 A. 738 (E. & A. 1923); State v. Cannon, 72 N.J.L. 46, 60 A. 177 (Sup.Ct.1905), 44 Am.Jur. 950; Com. v. Kline, 361 Pa. 434, 65 A.2d 348 (Sup.Ct.1949); State v. Sturchio, 130 N.J.L. 259, 32 A.2d 577 (Sup.Ct.1943), affirmed 131 N.J.L. 265, 36 A.2d 301 (E. & A. 1944); State v. Weiss, 130 N.J.L. 149, 31 A.2d 848 (Sup.Ct.1943), affirmed 131 N.J.L. 228, 35 A.2d 895 (E. & A. 1944); State v. Dietz, supra; State v. Rodia, 132 N.J.L. 199, 39 A.2d 484, 156 A.L.R. 523 (E. & ... ...
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State v. Siciliano, A--229
...a miscarriage or abortion, they constitute 'essential elements' of the crime and must be alleged and proved. State v. Sturchio, 131 N.J.L. 256, 36 A.2d 301 (E. & A.1944); 3 Burdick, op. cit., supra, § 862, p. 274; 1 Am. Jur., Abortion, §§ 9, 27, pp. 135, 141, 142; Commonwealth v. Viera, 329......
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State v. Dillingham., 23.
...As to the admissibility of such evidence as tending to show intent see State v. Sturchio, 130 N.J.L. 259, 32 A.2d 577, affirmed 131 N.J.L. 256, 36 A.2d 301. The verdict was not against the weight of evidence and such contention is frivolous. All other points argued have been considered but ......