State v. Walters

The answer to the question is “Yes.” The language of the statute is not difficult of construction. If the death of the child or of the mother results from an illegal abortion, the offense is manslaughter in the second degree. In this case the question concerns the death of the mother.

It is contended by the defendant that “child” refers only to a “quick” child, as defined by the common law, and that *70unless the mother was pregnant with a quick child, the death of the mother resulting from an illegal abortion is punishable only under sec. 351.22, Stats.

Sec. 340.16, Stats., was construed by this…