Phillips v. State
Phillips v. State
Opinion of the Court
The indictment charged all elements of the crime, including, “the same not being done as necessary for the preservation of the life’-’ of the prosecutrix. It followed the terms of Section 1 of the act, which defines the offense. Appellant contends that it is void on its face, because the indictment does not further state, in the terms of paragraph 2 of Sec. 2223, that it was not necessary for the preservation of the mother’s life, “unless upon the prior advice, in writing, of two reputable licensed physicians. ’ ’ However, this additional averment was not necessary. Appellant relies upon Ladnier v. State, 155 Miss. 348, 124 So. 432 (1929). That decision was based upon a prior statute, repealed by the 1952 law. Ladnier held the charge of the crime must negative the exception. The present indictment did that, by averring that the miscarriage was not necessary for the preservation of the life of the prosecutrix. In short, the indictment negatived the exception in paragraph 1. The provision definitive of that exception, as set forth.in paragraph 2 of Sec. 2223, is simply a further description of the meaning of the exception in paragraph 1. It need not be included in the indictment.
Appellant asserts the state’s failure to introduce in. evidence the search warrant and the affidavit
Appellant signed a confession of the offense, which was placed in evidence after a preliminary hearing showing the instrument was freely and voluntarily given. Several sentences in it contained admissions by defendant of other abortions which she had performed on other people. Appellant objected to the confession, on the ground it contained statements and reference to other crimes. This objection was sustained in part. The trial court ordered the court reporter to delete from the confession statements relating to other crimes, and, as so modified, the statement was exhibited to the jury, which did not have before it the statements with reference to other crimes. Thereafter appellant’s counsel objected to the modified confession, because of the modification. This objection was overruled. There is no merit in the contention this action of the trial court was error. First, appellant cannot complain because the deletion from the confession of appellant’s admissions concerning other crimes was beneficial and not harmful to her. Second, when parts of a confession of one crime
Affirmed.
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