CRIMINAL LAW AND PROCEDURE - PHYSICIANS AND SURGEONS - CONTRACEPTIVE STATUTES AND IMPLIED EXCEPTIONS THERETO

Authors

Thomas K. Fisher, University of Michigan Law SchoolFollow

Abstract

A Massachusetts statute made the selling of any drug, medicine or instrument for the prevention of conception a criminal offense. The defendants, a doctor, a nurse, and two social workers, all connected with a charitable association, prescribed and sold contraceptives to non-pregnant, married women. Defendants' offer of proof, admitting the facts charged, but contending that the statute did not apply where the sale was made under a physician's prescription for the preservation of life or health, was found by the trial court to constitute no defense. Held, that the wording was plain and unequivocal allowing for no implied exception. Commonwealth v. Gardner, (Mass. 1938) 15 N. E. (2d) 222, appeal dismissed (U.S. 1938) 59 S. Ct. 90.

Recommended Citation

Thomas K. Fisher, CRIMINAL LAW AND PROCEDURE - PHYSICIANS AND SURGEONS - CONTRACEPTIVE STATUTES AND IMPLIED EXCEPTIONS THERETO, 37 Mich. L. Rev. 317 (1938).
Available at: https://repository.law.umich.edu/mlr/vol37/iss2/13