Passley v. State

Duckworth, Justice.

The indictment was under the Code, § 26-1103, which is as follows: “The wilful killing of an unborn child so far developed as to be ordinarily called ‘quick/ by any injury to the mother of such child, which would be murder if it resulted in the death of such mother, shall be punished by death or imprisonment for life, as the jury may recommend.” This section together with §§ 26-1101 and 26-1102 were all a part of the same act. Ga. L. 1876, p. 113. It is evident that in enacting this statute the legislature was undertaking to provide by penal law appropriate penalties for…