ABORTION CHARGE

Hokitika Guardian, 5 February 1930, Page 6

ABORTION CHARGE

REDUCED. FROM MURDER

[By Telegraph, Per Press Association.]

AUCKLAND, Feb. 14.

In his charge to the grand jury, at the opening of the criminal sessions of the Supreme Court, Mr Justice Smith referred to a murder charge arising out of an abortion charge, the woman operated upon having died a month later, on January 22. ‘He said the law stated that such a killing amounted to murder, where the accused person knew, or ought to have known, that the illegal operation was likely to cause death, even though accused person might have desired that her object should be accomplished without hurting anyone. The test to he applied by the Grand Jury was whether there was prim a- facie evidence ffVom tiler 'ci rcumSttanecs that the accused woman ought to have known that what she was doing was likely to cause death. II the Grand Jury did not find this, it might recommend that the Crown should reduce the charge to one of manslaughter.

On the finding of the Grand Jury, the charge against Maud Herbert of murder arising from the performance of an illegal operation, was reduced to one of manslaughter. The Grand Jury returned no bill in the cases of Micklis Miisic, alleged carnal knowledge of a girl under 16; Allen John Gamble, alleged carnal knowledge of a girl aged 15 and 5 months, and Nathan Hart, alleged reckless driving of a motor truck, thereby causing death. No bill was also returned on two of eight charges alleging theft and fraudulent obtaining of credit "by John Albert Roberts.