ABORTION, Or MISCARRIAGE, IN LAw. The courts in this country are not agreed as to the nature of the crime at common law. In a number of States there are decisions or dicta to the effect that "to produce an abortion on a woman, before she is quick with child, and with her consent," is not to commit the common law crime of abortion. On the other band, it has been judicially declared in Pennsylvania that "it is not the murder of a living child which constitutes the offense of abortion, hut the de struction of gestation by wicked meam: and against nature," and, consequently, that one who intentionally causes the miscarriage of a woman. even with her consent and before the hetus has quickened, is indictable at common law. This appears to be the correct view, and it has been approved by several courts. Modern stat sites, as a rule, have given effect to this view. At present the crime is generally defined, with much particularity, by statute, and may be com mitted by one of three classes of persons. First, by the pregnant woman who takes any drugs or submits to any treatment with intent to produce her miscarriage, unless that is necessary to save her life or the life of the child. Second, by a
person prescribing, supplying or administering any substance to a woman, or treating her, with intent to cause her miscarriage, unless that is necessary to save her life or the life of the child. Under sonic statutes. such a person may be guilty of the offense, whether the woman is pregnant or not; the gist of his crime consisting in the intention with which his act was done. Third, by a person manufacturing, giving or selling an instrument or substance with intent that it may be unlawfully used in procuring the mis carriage of a woman. Acts done in procuring an abortion may subject the actor to punishment for another crime also, as assault (q.v.). or homi cide (q.v.). Consult: Wharton. Criminal Lou' (Philadelphia, 1896) Harris, Principles of the Criminal Law (London, 1899).