Soldaat v. State

Court of Appeals of Georgia

Soldaat v. State

57 S.E.2d 705, 81 Ga. App. 71, 1950 Ga. App. LEXIS 825

CourtCourt of Appeals of Georgia

DecidedFebruary 24, 1950

Docket32858

StatusPublished

Cited by1 cases

This text of 57 S.E.2d 705 (Soldaat v. State) is published on Counsel Stack Legal Research, covering Court of Appeals of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Soldaat v. State, 57 S.E.2d 705, 81 Ga. App. 71, 1950 Ga. App. LEXIS 825 (Ga. Ct. App. 1950).

Pincite

Opinion

Gardner, J.

The defendant was charged jointly with E. D. Crockett, Otis K. Lee and William F. Hawkins, with abortion under Code § 26-1102. The penalty under this section is for a misdemeanor. The defendant was convicted. The only assignments of error not abandoned are the general grounds and one special ground. The evidence is extremely obscene. We see no good purpose to be served by detailing it here. Suffice it to say that the evidence abundantly sustains the verdict under the general grounds. The special ground upon which error is assigned is to the effect that the State offered to prove that the abortion, if committed, was not performed to save the life of the pregnant woman or upon the advice of two or more physicians to be necessary for that purpose. The case of Guiffrida v. State, 61 Ga. App. 595 (7 S. E. 2d, 34), which involved an accusation almost identical with this one and evidence very similar to the instant case, settles this contention adversely to the plaintiff in error.

The judge of the superior court did not err in overruling and dismissing the certiorari from the Criminal Court of Fulton County.

Judgment affirmed.

MacIntyre, P. J., and Townsend, J., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

Gardner, J.

The defendant was charged jointly with E. D. Crockett, Otis K. Lee and William F. Hawkins, with abortion under Code § 26-1102. The penalty under this section is for a misdemeanor. The defendant was convicted. The only assignments of error not abandoned are the general grounds and one special ground. The evidence is extremely obscene. We see no good purpose to be served by detailing it here. Suffice it to say that the evidence abundantly sustains the verdict under the general grounds. The special ground upon which error is assigned is to the effect that the State offered to prove that the abortion, if committed, was not performed to save the life of the pregnant woman or upon the advice of two or more physicians to be necessary for that purpose. The case of Guiffrida v. State, 61 Ga. App. 595 (7 S. E. 2d, 34), which involved an accusation almost identical with this one and evidence very similar to the instant case, settles this contention adversely to the plaintiff in error.

The judge of the superior court did not err in overruling and dismissing the certiorari from the Criminal Court of Fulton County.

Judgment affirmed.

MacIntyre, P. J., and Townsend, J., concur.

Cite This Page — Counsel Stack

Bluebook (online)

57 S.E.2d 705, 81 Ga. App. 71, 1950 Ga. App. LEXIS 825, Counsel Stack Legal Research, https://law.counselstack.com/opinion/soldaat-v-state-gactapp-1950.

Opinion

Related

Cite This Page — Counsel Stack