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STATE v. HOOVER

No. 219.

113 S.E.2d 281 (1960)

252 N.C. 133

STATE v. Geneva Phifer HOOVER and Florence Stallworth.

Supreme Court of North Carolina.

March 16, 1960.

Attorney(s) appearing for the Case

T. W. Bruton, Atty. Gen., and Harry W. McGalliard, Asst. Atty. Gen., for the State.

Allen A. Bailey, Charlotte, for defendant Geneva Phifer Hoover.

Henry E. Fisher, Charlotte, for defendant Florence Stallworth.

Francis M. Fletcher, Jr., Charlotte, for defendants on appeal.

PARKER, Justice.

G.S. § 14-44 and G.S. § 14-45 create two separate and distinct criminal offenses. G.S. § 14-44 makes it unlawful to use or employ any instrument upon a woman, "either pregnant or quick with child" with intent thereby to destroy such child, unless the same shall be necessary to preserve the life of the mother. This statute is designed to protect the life of a child in ventre sa mere. "`Either pregnant or quick with child' as used...

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