The Waterbury Democrat., 1939-06-29
are few precedents in birth control

are few precedents in birth control prosecutions.
 Text of Demurrer
 Following is the text of the de- ulurrer, which are identical in text except in the names of the accused: l: STATE OF CONNECTICUT V
 ROGER B. NELSON, Superior
 Court for New Haven County at
 Waterbury, June 2S, 1889.
 DEMURRER TO INFORMATION
 The defendant, having reserved his rights to plead to the informa- tion as on file, demurs to all counts of the information, and for reasons therefor, assigns the following:
 I
 The information, and all three counts thereof, is based upon Sec tion 6246 of the General Statutes of the State of Connecticut, and said Section is unconstitutional for the following reasons:
 .. 1t constitutes an unconstitu- tional interference with the individ- ual liberty of the citizens of the State of Connecticut;
 b. 1t constitutes an unconstitu- tional interference with the individ- ual liberty of the citizens of the State of Connecticut under the pro- visions of the Constitution of the United States and of the Constitu- ton of the State of Connecticut;
 c. 1t constitutes 8 deprivation of life, liberty and property without due process of law, under the provisions of Article IA of the Amendments to the Constitution of the United States and under the provisions of Section g of Article First of the Con- stitution of Connecticut;
 d. 1t fails to contain a reasonably precise standard of guilt;
 e. 1t fails to fix a maximum fine which may be imposed by the Court, and by virtue of the express pro- visions of the Statute, the Court mikht impose an unlimited fine, al- though the sole power to fix the limits of the fine or penalty reposes in the legislative branch of the gov ernment;
 f. if the information correctly sets forth the crime under Section 6246 of the General Statutes, said Section is unconstitutional because 1t applies.
 CD where a married woman makes use of drugs, medicinal arti- cles or instruments for the purpose of preventing conception upon the recommendation and advice of a physician;
 (2) where a married woman makes use of drugs, medicinal arti- cles or instruments for the purpose of preventing conception upon the advice of a physician under circum- stances in which all physicians would agree that pregnancy would je0pardize her life;
 (O where & married woman makes use of drugs, medicinal arti- cles or instruments for the purpose of preventing conception upon the advice of physician where for health reasons the use thereof is necessary for such purpose;
 (D where a married woman makes use of drugs, medicinal arti- cles or instruments for the purpose of preventing conception upon the advice of a physician where such contraceptive measures are neces- sary to protect and procure the best possible state of health and well being;
 g. inasmuch as the information does not except the right of the medical profession to prescribe the use of drugs, medicinal articles or instruments for the purpose of pre- venting conception where the life or health of 8 patient is at stake, the information, and each count thereof, is unconstitutional and said Section 6246, if it is so construed without a clause protecting the right nf any Y,hvsician f0 nreScribe drlIpS