Kentucky Revised Statutes

Ky. Rev. Stat. § 435.040 (2026)

Repealed, 1974

✓ current as of May 2026

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Catchline at repeal: Homicide occurring in course of abortion. History: Repealed 1974 Ky. Acts ch. 255, sec. 19; and ch. 406, sec. 336, effective January 1, 1975. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 1219a-3.

Notes of Decisions

Cited in 4 cases, 1944–1972 · leading case: Sasaki v. Commonwealth, 485 S.W.2d 897 (Ky. Ct. App. 1972).

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Sasaki v. Commonwealth, 485 S.W.2d 897 (Ky. Ct. App. 1972). ““(3) In any prosecution under subsection (1) or (2) of this section, or under KRS 435.040, the consent of the woman to the performance of the operation or the administering of the drug, medicine or other substance shall be no defense, and she shall be a competent witness in the…”

Crossen v. Attorney Gen. of Cmwlth. of Kentucky, 344 F. Supp. 587 (E.D. Ky. 1972). ““(3) In any prosecution under subsection (1) and (2) of this section, or under KRS 435.040, the consent of the woman to the performance of the operation or the administering of the drug, medicine or other substance shall be no defense, and she shall be a competent witness in the…”

Lewis v. Commonwealth, 332 S.W.2d 656 (Ky. Ct. App. 1959). “Gerald Lewis, was indicted of wilful murder as denounced by KRS 435.040. He was accused of performing an illegal abortion upon Mrs.”

Scott v. Commonwealth, 182 S.W.2d 903 (Ky. Ct. App. 1944). “*320 Appellant was indicted for the murder of Lavange Morrow, as that crime is described in KRS 435.040 and 436.020. Those sections of the Statutes provide that any person who shall be convicted of producing death upon the mother of an unborn child, by reason of having…”

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.