So far the instances in this country of an absence of special statutes. Where such exist, they may be variously classified. Reserving for a little all other considerations, we find them at once falling into four great divisions.
I. Those acknowledging the crime only after quickening has occurred:—
- Connecticut,
- Mississippi,
- Arkansas,
- Minnesota,
- Oregon.
II. Those acknowledging the crime throughout pregnancy, but supposing its guilt to vary with the period to which this has advanced:—
- Maine,
- New Hampshire,
- New York,
- Ohio,
- Michigan.[175]
III. Those acknowledging the crime throughout pregnancy, unmitigated; but still requiring proof of the existence of this state:—
- Vermont,
- Massachusetts,
- Illinois,
- Wisconsin,
- Virginia,
- Missouri,
- Alabama,
- Louisiana,
- Texas,
- California.[176]
IV. That, like the present English statute, requiring no such proof, and punishing also the attempt, even though pregnancy do not exist:—
- Indiana.