UNITED STATES v. RUNDLE

No. 14440.

327 F.2d 153 (1964)

UNITED STATES of America ex rel. Charles C. CAMPBELL, Appellant, v. A. J. RUNDLE, Superintendent, State Correctional Institution at Philadelphia, Pennsylvania, and Daniel W. Shoemaker, District Attorney of York County, Pennsylvania.

United States Court of Appeals Third Circuit.

Decided January 27, 1964.


Attorney(s) appearing for the Case

Martin Vinikoor, Philadelphia (Vinikoor, Fein, Criden and Johanson, Stanford Shmukler, Philadelphia, on the brief), for appellant.

Daniel W. Shoemaker, Dist. Atty., York (Earl R. Doll, Asst. Dist. Atty., York, on the brief), for appellees.

Before BIGGS, Chief Judge, and KALODNER and GANEY, Circuit Judges.


BIGGS, Chief Judge.

The relator, Campbell1, was indicted by the Grand Jury of the Court of Quarter Sessions of York County, Pennsylvania, for wilfully and feloniously using a certain instrument and means unknown to the Grand Jury upon the bodies of three women with the intent to procure miscarriages. The pertinent Pennsylvania statute provides, 18 P.S. § 4718: "Whoever, with intent to procure the miscarriage of any woman, unlawfully...

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