COMMONWEALTH v. EDELIN


371 Mass. 497 (1976)

359 N.E.2d 4

COMMONWEALTH vs. KENNETH EDELIN.

Supreme Judicial Court of Massachusetts, Suffolk.

December 17, 1976.


Attorney(s) appearing for the Case

William P. Homans, Jr., & Charles R. Nesson (David Rosenberg, Judith M. Mears, of Connecticut, & Jeanne Baker with them) for the defendant.

Newman A. Flanagan, Assistant District Attorney (Alvan Brody, Joseph I. Mulligan, Jr., & Jacqueline M. NolanHaley with him) for the Commonwealth.

Leo Pfeffer, of New York, & Morris S. Shubow for American Ethical Union & others, amici curiae, submitted a brief.

Rhonda Copelon & Nancy Stearns, both of New York, for Center for Constitutional Rights & another, amici curiae, submitted a brief.

Judith M. Mears, of Connecticut, & Frank Susman, of Missouri, for Certain Medical School Deans, Professors, and Individual Physicians, amici curiae, submitted a brief.

Nancy Gertner, John Henn, David R. Schaefer, & John Reinstein for Civil Liberties Union of Massachusetts, amicus curiae, submitted a brief.

Roger P. Stokey for League of Women Voters of Massachusetts & another, amici curiae, submitted a brief.

Jack Greenberg, James M. Nabrit, III, Marilyn Holifield, David E. Kendall, Peggy C. Davis, & Linda Greene, all of New York, for NAACP Legal Defense and Educational Fund, Inc., amicus curiae, submitted a brief.

Sarah C. Carey, of the District of Columbia, for National Medical Association, Inc., amicus curiae, submitted a brief.

Roger P. Stokey, Harriet F. Pilpel, & Eve W. Paul for Planned Parenthood Federation of America, Inc. & others, amici curiae, submitted a brief.

Present: HENNESSEY, C.J., REARDON, QUIRICO, BRAUCHER, KAPLAN, & WILKINS, JJ.


KAPLAN, J.

On October 3, 1973, the defendant Dr. Kenneth Edelin, Chief Resident in obstetrics and gynecology at Boston City Hospital, performed an abortion by hysterotomy on a seventeen year old, unmarried woman, she and her mother having requested an abortion and consented to the operation. For his conduct in connection with the operation, Dr. Edelin was indicted for manslaughter, and convicted after trial. He appeals from the judgment of conviction and from the...

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