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Abortion

The Cyclopedic Law Dictionary · Walter A. Shumaker and George Foster Longsdorf; ed. James C. Cahill · 1922

The Cyclopedic Law Dictionary

The expulsion of the foetus at a period of utero gestation so early that it has not acquired the power of sustaining an independent life. It may be either innocent, as when accidental, or criminal. Criminal abortion is the willful production of the miscarriage of a pregnant woman, whether by the administration of drugs, or the use of instruments, or other means, the same not being necessary to save her life. At common law, the woman must have been quick with child (78 Ky. 204; 63 Mich. 229), but this is no longer necessary (49 Iowa, 260; 33 Me. 48; 83 N. C. 360; 45 Ark. 333). It is an aggravation of the offense, and in some states constitutes manslaughter, if the death of the woman is produced.