State v. Aiken

The section of the statute under which the indictment was found reads as follows: “If any person with intent to produce miscarriage of any pregnant woman 1 wilfully administers to her any drug or substance whatever, or with such intention use any instrument or other means whatever, unless such miscarriage is necessary to save her life, he shall be imprisoned,” etc. Code, section 4159. The indictment negatived the exception found in the statute, and the court instructed that che otate must show, beyond a reasonable doubt, that the miscarriage produced by the defendant was not necessary to save…