Hardin v. State

DAVIDSON, Presiding Judge.

Appellant was indicted under article 645, Penal Code, which reads as follows: “If any person shall, during parturition of the mother, destroy the vitality or life in a child, in a state of being born, and before actual birth, which child would otherwise have been born alive, he shall be punished by confinement in the penitentiary for life, or any period not less than five years, at the discretion of the jury.” A few of the preceding articles deal with the question of abortion, the ingredients of which offense is somewhat different from the one above quoted. It is not…