## Facts

- Isaiah Bangs was indicted for assaulting Lucy Holman and administering a “dangerous and deleterious” potion to her, allegedly against her will, intending to procure an abortion.
- At trial, the prosecutor entered a nolle prosequi as to the assault and battery portion, leaving only the potion-related allegation.
- The jury found Bangs guilty of the remaining charge but specifically found that Holman took the potion voluntarily.
- The indictment did not allege that an abortion actually occurred after the potion was taken.
- The indictment also did not allege that Holman was “quick with child” at the time.

## Issues

1. Whether an indictment for administering a potion with intent to procure an abortion states an indictable common-law offense absent allegations that (a) an abortion ensued and (b) the woman was “quick with child.”
2. Whether the woman’s consent to take the potion affects the criminality of administering it (given the verdict’s finding of voluntary ingestion).

## Decision

- The Supreme Judicial Court held that sentence could not be imposed on the verdict.
- With the assault and battery portion removed, the remaining indictment did not allege that an abortion followed the potion.
- The court stated that even if an abortion had been alleged and proved, the indictment also needed to aver that the woman was “quick with child.”
- Judgment was arrested.

## Legal Principles

- When assault and battery is not pursued, an indictment charging administration of a potion to procure an abortion must allege that an abortion ensued to support judgment.
- For that offense, the indictment must also allege that the woman was “quick with child” at the relevant time.
- A conviction cannot stand where the indictment omits essential elements required to state the common-law offense charged.

## Conclusion

The court arrested judgment because, after the assault and battery charge was abandoned, the indictment failed to plead an indictable abortion-related offense at common law: it did not allege that an abortion occurred and did not aver that the woman was quick with child.


Commonwealth v. Bangs, 9 Mass. 387 (Mass. 1812)