# State of Oregon v. Buck

> Oregon Supreme Court · October 21, 1953 · 200 Or. 87

URL: https://www.frixlaw.com/law-library/cases/9546845

## Case

- **Full name:** State of Oregon v. Buck
- **Court:** Oregon Supreme Court
- **Decided:** October 21, 1953
- **Citations:** 200 Or. 87; 262 P.2d 495; 1953 Ore. LEXIS 278
- **Precedential status:** Published
- **Opinion:** Concurrence by Perry
- **Judges:** Latourette, Rossman, Tooze, Perry, Brand, Lusk, Warner
- **Cited by:** 30 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9546845

## Opinion text

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.

---

Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9546845. Public record. Not legal advice.