IV. ITS PROOFS.

It is by no means an easy thing in all cases to obtain evidence that

an abortion has occurred; still more difficult, that it has been

intentionally induced. As most laws read, it is necessary at the outset

to prove the existence of pregnancy; as many still stand, it must be

shown that the woman has quickened. These requisitions are unwise and

unjust, and under them, if insisted on by adroit counsel, it is almost

useless to pursue prosecution. In the earlier months, before quickening

has occurred or the fœtal pulsations have become evident to the ear, it

is impossible, as I have elsewhere insisted,[110] ever to be sure of the

existence of pregnancy, and yet attempts at its termination are then in

no degree less criminal. The only infallible sign of pregnancy is the

sound of the fœtal heart, not always to be detected, even by the double

stethoscope.

Putting aside, therefore, the question of the existence of pregnancy

and of fœtal life, as taken for granted on the one hand by the attempt

at their termination, and as proved on the other by this result, it is

found that the evidence of abortion classifies itself into proofs of

its occurrence, of its commission, of the criminal intent, and of the

identity of the party accused.

On criminal abortion in America · 第 18 / 37 题