State v. Evans

Mr. Associate Justice FishburnE

delivered the unanimous opinion of the Court:

The indictment in this case is based upon Section 1112, 1942 Code, the pertinent portion of which reads as follows: “Any person * * * who shall use or employ, or advise the use or employment of, any instrument or other means of force whatever, with intent thereby to cause or procure the miscarriage or abortion or premature labor of any such woman, unless the same shall have been necessary to preserve her life, or the life of such child, shall, in case the death of such child or of such woman results in whole or in…