State v. Van Houten
| Decision Date | 28 February 1866 |
| Citation | 37 Mo. 357 |
| Parties | THE STATE, Respondent, v. JOHN VAN HOUTEN, Appellant. |
| Court | Missouri Supreme Court |
Appeal from Harrison Circuit Court.
J. C. Parker, Circuit Attorney, for appellant.
I. The first cause attempted to be set up by the defendant, as a cause of quashing the indictment, is not sufficient, for the reason it does not distinctly specify the grounds of objection to the indictment. (R. C. 1855, p. 1176, § 24.)
II. It is not necessary that an indictment for administering medicine to a pregnant woman, to procure an abortion, should specify or describe the kind, quality, or quantity of the medicine charged to have been administered. (Rex v. Phillips, 3 Camp. 73; State v. Vawter, 7 Blackf., Ind. 592.)
H. M. & A. H. Vories, for respondent.
I. The indictment failed to state either what kind of medicine was administered, or to state that the kind of medicine was to the grand jurors unknown, and which allegations should be made, or the indictment is bad.
II. It should have appeared, from the indictment, that the medicine used was either poisonous or noxious, and likely to procure the result intended, or else the indictment was bad.
III. The indictment should have negatived the fact that the medicine used was advised by a physician to be necessary, &c.
This was an indictment for administering medicine, to produce an abortion and miscarriage, &c. The indictment charges that the defendant unlawfully and willfully did administer to one Elizabeth Robinson, a woman then and there being pregnant with a child, a large quantity of medicine, with intent thereby to procure abortion and the miscarriage of the said Elizabeth Robinson; the administering of said medicine to the said Elizabeth Robinson not being then necessary to preserve the life of the said Elizabeth, &c.
On motion of the defendant, the court quashed the indictment, because it did not state facts sufficient to constitute any offence, and because it did not specify or describe the kind, quantity or quality of medicine alleged to have been used or administered.
The first cause assigned for quashing was too general, and really amounted to nothing. A motion to quash an indictment must distinctly specify the grounds of objection; and unless it does so, it will be entirely disregarded. (R. C. 1855, p. 1176, § 24.)
The second objection is, that neither the...
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