Miscarriage

In medical jurisprudence. The expulsion of the ,ovum or embyro from the uterus within the first six weeks after conception. Between that time, and before the expiration of the sixth month, when the child may possibly live, it is termed "abortion." When the delivery takes place soon after the sixth month, it is denominated "premature labor." But the criminal act of destroying the fœtus at any time before birth is termed, in law, "procuring miscarriage."

Chit. Med. Jur. 410. See Smith v. State, 33 Me. 59, 54 Am. Dec. 607; State v. Howard, 32 Vt. 402; Mills v. Com., 13 Pa. 632; State v. Crook, 16 Utah, 212, 51 Pac. 1091.

In practice

As used in the statute of frauds, ("debt, default, or miscarriage of another,") this term means any species of unlawful conduct or wrongful act for which the doer could be held liable in a civil action.

Gansey v. Orr, 173 Mo. 532, 73 S. W. 477