People v. Harrison

The defendant demurs to the indictment on the ground that the facts stated do not constitute a crime (Code Grim. Pro., § 323, subd. 4). The charge is abortion. Section 80 of the Penal Law defines the crime of abortion as the commission of certain acts with intent thereby to procure the miscarriage of a woman “ unless the same is necessary to *602preserve the life of the woman, or of the child with which she is pregnant” (italics supplied). The indictment alleges the commission by defendant of certain acts with intent thereby to procure the miscarriage of a named woman, “ the same not being…