adhering to holding in Clements
How later courts described this case
- adhering to holding in Clements
Written by the judges who cited it.
The opinion
PERRY, J.,
specially concurring.
I concur in the result announced in the majority opinion as I am convinced that the Medical Practice Act authorizes a duly licensed physician and surgeon to perform lawfully an abortion as defined in that statute. And such lawful act would not constitute manslaughter on the part of such a physician in violation of § 23-408, OCLA. Therefore, the indictment in this case does not state facts sufficient to state a crime against a duly licensed physician and surgeon.
Also, I am convinced that if an abortion is performed by a duly licensed physician and surgeon, but he fails to comply -with the regulations surrounding the doing of that act, if it be an abortion as defined in that act, then the punishment is revocation of his license and not as for manslaughter under the criminal statute. Therefore, I concur in the special concurring opinion of Mr. Justice Tooze.