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25 Vict accessory administered alive alleged already American big and pregnant born Boston Caesarean section cause and procure common law Commonwealth conviction county aforesaid Cox C. C. craniotomy Crim criminal abortion decrease defendant disease drugs Elizabeth Lutz ergot evidence existence fact felo de se felony fetus foetal foetus France frequently indictment induced infanticide instances instrument intent to procure Journal jury justifiable lawful justification living malice aforethought maliciously manslaughter Massachusetts matter means medicine months moral mother murder natural noxious thing number of births Obstetric occurring offence opinion ovum patient person physician preg pregnancy pregnant with child premature births premature labor prisoner procure abortion procure miscarriage procure the miscarriage profession proof proportion proved Prussia punishment question quick with child ratio Regina reported result Sarah Henson savin statistics statute still-births supposed taken tion unlawfully uterine utero uterus whole number wilfully woman womb women writer
Page 152 - Every woman, being with child, who, with intent to procure her own miscarriage, shall unlawfully administer to herself any poison or other noxious thing, or shall unlawfully use any instrument or other means whatsoever with the like intent ; and whosoever, with intent to procure the miscarriage of any woman, whether she be or be not with child, shall unlawfully administer to her or cause to be taken by her any poison or other noxious thing, or shall unlawfully use any instrument or other means whatsoever...
Page 138 - The third reason of the frightful extent of this crime is found in the grave defects of our laws, both common and statute, as regards the independent and actual existence of the child before birth, as a living being. These errors, which are sufficient in most instances to prevent conviction, are based, and only based, upon mistaken and exploded medical dogmas. With strange inconsistency, the law fully acknowledges the foetus in utero and its inherent rights, for civil purposes; while personally and...
Page 87 - It is not confined to ill-will towards one or more individual persons, but is intended to denote an action flowing from any wicked and corrupt motive, a thing done malo animo, where the fact has been attended with such circumstances as carry in them the plain indications of a heart regardless of social duty, and fatally bent on mischief.
Page 208 - ... where the death of the deceased is the subject of the charge, and the circumstances of the death the subject of the dying declarations (2).
Page 163 - Every person who shall administer to any woman pregnant with a quick child any medicine, drug or substance whatever, or shall use or employ any instrument or other means, with intent thereby to destroy such child, unless the same shall have been necessary to preserve the life of such mother, or shall have been advised by two physicians to be necessary for such purpose, shall, in case the death of such child or of such mother be thereby produced, be deemed guilty of manslaughter.
Page 166 - Majesty's subject; that then and in every such case, the person or persons so offending, their counsellors, aiders and abettors, (knowing of, and privy to the ofience, as aforesaid, ) shall be and are hereby declared to be felons, and shall suffer death, as in cases of felony, without benefit of clergy.
Page 169 - ... whosoever, with intent to procure the miscarriage of any woman, whether she be or be not with child, shall unlawfully administer to her, or cause to be taken by her, any poison or other noxious thine, or shall unlawfully use auy instrument, or other means whatsoever, with the like intent, shall be guilty of felony...
Page 183 - Where a statute makes two or more distinct acts connected with the same transaction indictable, each one of which may be considered as representing a stage in the same offense, it has in many cases been ruled they may be coupled in one count.