Shedd v. State

The ruling announced in the first headnote does not require elaboration.

The charge in the indictment is not for death of a mother pregnant with child, or for death of the child by reason of injury to the mother, and consequently does not involve application of the provisions of the Penal Code, §§ 80, 81, 82, relating to the subject of abortion. The charge is for murder of a child, and is defined in the Penal Code, § 60, which declares: “Murder is the unlawful killing of a human being, in the peace of the State, by a person of *654sound memory and discretion, with malice aforethought, either…