STATE v. LAURITSEN

No. 35804.

132 N.W.2d 379 (1965)

178 Neb. 230

STATE of Nebraska, Appellee, v. Robert E. LAURITSEN, Appellant.

Supreme Court of Nebraska.

January 22, 1965.


Attorney(s) appearing for the Case

Adolph Q. Wolf, Omaha, for appellant.

Clarence A. H. Meyer, Atty. Gen., B. L. Packett, Asst. Atty. Gen., Lincoln, for appellee.

Heard before WHITE, C. J., CARTER, SPENCER, BOSLAUGH and BROWER, JJ., and ROBERT L. FLORY and ROBERT L. SMITH, District Judges.


ROBERT L. SMITH, District Judge.

Robert E. Lauritsen was convicted of selling an alkaloid of ergot for the purpose of procuring a miscarriage of a pregnant woman.

Our decision hinges on the meaning of section 28-423, R.R.S.1943, which defines this misdemeanor. The precise point is whether the drug must be secret, for the evidence compels the tacit admission by the State that Lauritsen did not sell a secret drug.

The statute generally prohibits: (1...

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