The Leon reporter. (Leon, Iowa) 1887-1930, 1902-05-01

carriage upon Maud Stone, which result
ed in her death. 1t will be proper for
the court to define that crime as it is
known to our law.
If any person cause or attempt, or aid
and abet in causing or attempting an
abortion, or miscarriage, which results
in the death of woman, and which is
not necessary to save her life, he is
guilty of murder in the second degree.
Before the state will be entitled to a
conviction upon said charge, it must es.
tablish the following essential elements.
First. That the defendant admins.
tered, or aided and abetted in admins.
tering, to Maud Stone, some drug, or
drugs, or used a certain instrument, or
instruments, or both, or aided and
abetted in using certain instrument or
instruments, or both, as charged by the
Indictment.
Second. That at such time the said
Maud Stone was pregnant woman.
Third. That said drug, or drugs, were
administered, or such instrument, or in.
struments, were used wilfully and with
the intent to thereby produce miscar.
riage of the said Maud Stone.
Fourth. That such miscarriage was
not necessary to save the life of the said
Maud Stone.
Fifth. That the death Of the said
Maud Stone was caused thereby.
In regard to the first essential, to-wit:
That defendant administered drugs, or
aided and abetted therein, or used in
struments, or aided and abetted therein,
upon Maud Stone, you are instructed:
The state must show that the defend
ant, at the time and place charged in
the Indictment, administered to the
said Maud Stone some drug, or drugs,
or aided and abetted therein, or used a
certain instrument, or instruments, or
aided and abetted therein, upon the
person of the said Maud Stone, or both
administered such drugs and used such
instruments, or aided and abetted there
in.
If this is sustained by the evidence,
then, as to this element, you would be
justified in finding for the state. If not
sustained, your verdict should be for
the defendant.
| Regarding the second requisite, to-
wit: The pregnancy Of Maud Stone,
you are instructed:
1t must be shown that at the time
when such drugs were administered, or
instruments used, if you find they were
administered or used, the said Maud
Stone was pregnant woman. Preg.
nancy means with child; and woman
is pregnant, within the meaning of the
law, from the period of conception until
delivery. If it appear that at the time
when such drugs were administered, OF
instruments used, if you find they were
administered or used, the said Maud
Stone was pregnant woman, within
the definition given, then, on this issue
! yoU would be justified in finding for the
state.
If, however, you do not so find, your
verdict should be for the defendant. II
would not be sufficient for it to appear
that the said Maud Stone had at some
time been pregnant. 1t must appear
that at the time complained of the said
Maud Stone was pregnant. 1t would
not be sufficient if it be shown that the
said Maud Stone thought she was preg-
nant; it must appear SO in fact.
In regard to the third requisite, to-
+ wit: The intent, you are instructed:
1t must appear that the said drugs
were administered, or instruments used
during the pregnancy of the said Maud
Stone wilfully and with the intent on
the part of the person who committed
the act charged to then and there and
by those means to procure, or cause ar
abortion, or miscarriage of the said
Maud Stone. An abortion, or miscar.
riage, as it is termed in the Indictment
Il is the act of miscarrying, or producing
offspring before the natural period d
CESSATION, or normal delivery and birth
BY wilfully is meant Intentionally, par.
posely, and the wilful intent necessary
is that the person charged administered
sach drugs, or used such instruments, OF
both, with the design and purpose on
the part of said person then and there
and by such means to produce or cause
an abortion, or miscarriage, as herein
defined, of the said Maud Stone. 1t
must also be shown, as to one who is
charged with aiding or abetting the
commission of such act, that he Joined
in said intent, ard wilfullv and with
said intent aided and abetted said acts.
| If you find such wilful intent shown by
the evidence, you would be justified on
this issue in finding for the state. But
if you do rot so find, your verdict
should be for the defendant.
| It must also be shown, as a fourth
requisite, that such miscarriage was not
necessary to save the life of the said
Maud Stone. 1t will be necessary for
the state to show, not only the acts
charged as constituting the otfense, and
|! that said acts were done with the intent
| to produce miscarriage, or abortion,
but, also, that such miscarriage, or abor-
ton, if shown, was not necessary to
save the life of the said Maud Stone.
The law takes into consideration the
fact, generally admitted, that under GER
tain circumstances, justified in causing
a miscarriage or abortion, and even if
such act result in the death of the wom-
an, they do not constitute any crime.