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COMMONWEALTH v. JACKSON (11/26/73)

decided: November 26, 1973.

COMMONWEALTH
v.
JACKSON, APPELLANT



Appeal from judgment of sentence of Court of Common Pleas, Criminal Division, of Allegheny County, March T., 1971, No. 115, in case of Commonwealth of Pennsylvania v. Augustine Jackson.

COUNSEL

James R. Fitzgerald, for appellant.

No brief submitted for appellee.

Jones, C. J., Eagen, O'Brien, Roberts, Pomeroy, Nix and Manderino, JJ. Dissenting Opinion by Mr. Justice Roberts. Mr. Justice O'Brien and Mr. Justice Nix join in this dissenting opinion.

Author: Per Curiam

[ 454 Pa. Page 430]

The appellant, Augustine Jackson, was convicted by a jury in Allegheny County of committing an unlawful abortion in violation of Sections 718 and 719 of the Act of June 24, 1939, P. L. 872, 18 P.S. §§ 4718-4719. A prison sentence was imposed and Jackson filed an appeal therefrom in the Superior Court.*fn1 Because other appeals were then pending in this Court involving the identical issue, the Superior Court certified Jackson's appeal here.

[ 454 Pa. Page ]

The conviction and judgment of sentence must be reversed. See Roe v. Wade, 410 U.S. 113, 93 S. Ct. 705 (1973), and Commonwealth v. Page, 451 Pa. 331, 303 A.2d 215 (1973).

It is so ordered.

Disposition

Conviction and judgment of sentence reversed.

Dissenting Opinion by Mr. Justice Roberts:

I am compelled to dissent from the majority's reversal of appellant's conviction. Because this case does not involve the right of a woman to obtain an abortion by a licensed physician, appellant's conduct in aborting another's pregnancy was properly punishable under sections 718 and 719 of the Act of June 24, 1939, P. L. 872, 18 P.S. App. §§ 4718-19 (1973). In my view, these ...


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