Supreme Court of New Jersey

State of New Jersey, Plaintiff-Respondent v. John J. Moretti and Marietta Schmidt, Defendants-Appellants

June 28, 196852 N.J. 182

Summary

The Supreme Court of New Jersey affirmed the convictions of Moretti and Schmidt for conspiracy to commit an unlawful abortion, holding that the impossibility of the abortion because the woman was not pregnant does not excuse the conspiracy. The Court also held that the abortion statute was not void for vagueness as applied to the defendants. The decision relied on established principles of conspiracy and the due‑process requirement of fair notice.