State v. Mandeville

*229The opinion of the court was delivered by

Garrison, J.

The plaintiff in error was convicted under section 119 of the Grimes act (2 Comp. Stat., p. 1784), originally passed March 1st, 1849 (p. 266), which reads as follows:

“Any person who maliciously or without lawful justification, with intent to cause or procure the miscarriage of a woman then pregnant with child, shall administer to her, prescribe for her, or advise or direct her to take or swallow any poison, drug or medicine or noxious thing; or who maliciously or without lawful justification, shall use any instrument or means whatever, with…