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Medical Practice Acts: Revocation of License; Pregnancy to Be Proved When Abortion Is Charged.—
The state of Iowa instituted an action in equity to revoke Brown's license to practice medicine, charging him with unprofessional and dishonorable conduct in procuring a criminal abortion. The trial court dismissed the proceedings. The state then appealed to the Supreme Court of Iowa. That court reversed the order of the trial court and directed it to revoke the defendant's license but later, on rehearing, affirmed the trial court's ruling dismissing the cause.To establish the charge that Brown procured a criminal abortion, said the Supreme Court, the evidence must show that the female on whom the operation was alleged to have been performed was pregnant. This, the court held, the evidence in this case failed to do. The girl herself, a child 15 years old, refused to testify. The trial court did not permit her
Medicolegal. JAMA. 1934;103(24):1882. doi:10.1001/jama.1934.02750500064037