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RODGERS v. DANFORTH

No. 57105.

486 S.W.2d 258 (1972)

Samuel U. RODGERS, M.D., et al., Respondents, v. John C. DANFORTH, Attorney General of the State of Missouri, et al., Appellants, and Infant Doe and Guardian ad litem M. H. Backer, Jr., M.D., Intervenor-Appellants.

Supreme Court of Missouri, En Banc.

Rehearing Denied November 13, 1972.

Attorney(s) appearing for the Case

Frank Susman, St. Louis, Charlotte P. Thayer, Grandview, for respondents; Roy Lucas, New York City, of counsel.

John C. Danforth, Atty. Gen., Gene E. Voigts, First Asst. Atty. Gen., Jefferson City, Gene McNary, Pros. Atty., Donald J. Weyerich, First Asst. Pros. Atty., Clayton, for appellants.

Louis C. DeFeo, Jr., Jefferson City, Bernard J. Huger, Bernard C. Huger, St. Louis, for intervenor-appellants; Downey, Sullivan & Fitzgerald, Thomas M. Sullivan, Kansas City, Benjamin J. Francka, Spring-field, George A. Rozier, Jefferson City, of counsel.

DONNELLY, Judge.

This case involves the question whether the following portion of V.A.M.S., § 559.100, the Missouri "abortion" statute, is constitutional:

"Any person who, with intent to produce or promote a miscarriage or abortion, advises, gives, sells or administers to a woman (whether actually pregnant or not), or who, with such intent, procures or causes her to take, any drug, medicine or article, or uses...

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