On criminal abortion in America

by Horatio Robinson Storer

[205] Davis, Crim. Justice, 484.

[206] Wharton, Amer. Crim. Law, 424.

[207] Wharton, Amer. Crim. Law, 75.

[208] The State vs. Vawter, 7 Blackford, 592.

[209] 1 Gabbett, Crim. Law, 523; Archbold, P. A., lxx, 2.

[210] Roscoe, L. E., 242; Eng. Com. L. Rep., xxv. 453; Rex vs. Coe, 6 Car. & P., 403; Vaughan, 13.

[211] 1 Bishop, Crim. Law, 527.

[212] In Massachusetts, though the statute is silent on these points, it is asserted that whenever a potion is given, or other means are used, by “a surgeon,” for the purpose of saving the life of the woman, the case is free of malice, and has a lawful justification. Davis, Crim. Justice, 282; Report of the Criminal Law Commissioners, 1844, Causing Abortion, I., note a.

[213] After a little reflection, it will be seen that this word is not so open to objection as might at first be supposed.

[214] 1 Russell, Crimes, 671; 1 Vesey, 86; 3 Coke, Inst., 50; 1 Hawkins, C. B., s. 16; 1 Hale, 434; 1 East, P. C., 90; 3 Chitty, Crim. Law, 798; Wharton, Crim. Law, 537.