4. Whether the woman is well or ill-formed. Note pelvic malformations, effects of tight lacing, etc.

5. Whether any cause can be assigned to account for the abortion; for example, violent coughing, blood-letting, straining at stool, violent exercise, undue excitement, septic poisoning, violence, administration of medicines, etc.

6. All injuries to the genital organs. If any exist, consider whether they might be self-inflicted.

Examination of the body of the woman if dead. 1. Be careful not to mistake the effects of menstruation for those produced by abortion. 2. Avoid injuring the parts by the knife, or otherwise, during the autopsy.

3. Consider the possibility of injuries being self-inflicted.

4. Note the existence of any marks of violence on the abdomen or other parts.

5. Observe the condition of the genital organs, noting all inflammations, rents, tears, perforations, etc. If the uterus is injured it should be preserved.

Note also,

1. The condition of the passage, whether relaxed or otherwise.

2. The condition of the os uteri, whether virginal or gaping.

3. Vaginal secretions, and if present, their character.

4. The general appearance of the breasts, presence of milk, etc.

5. Whether there be any signs of irritant poisoning in the stomach, or inflammation of the bladder, kidneys, rectum, etc.; the contents of the stomach, if necessary, to be preserved.

6. Whether the viscera generally indicate loss of blood during life.

Examination of the supposed product of con

ception.

1. The nature of the supposed product of conception.

2. Consider whether there is evidence of a diseased condition of the membranes or the placenta; that is, the structural degeneration.

3. If a foetus be found, determine whether it was born alive, its probable age, and the cause of its death.

4. Determine whether, if there be wounds or

other injuries, they were inflicted during life or after death.

5. Examine all drugs, instruments, etc.

The crime of abortion may be committed in any stage of pregnancy: State v. Slagle, 83 N. C. 630.

§ 91. Indictments; evidence.

Under the provisions of the New York Penal Code the defendant V. was tried and convicted upon an indictment charging that he together with one P. used instruments upon, the body of one W. to procure her miscarriage. The operation was performed by P. in his office, and it was not claimed that V. took any part in it, or was present when it was performed. He offered no testimony to show that it was not performed, his position being that he neither took any part in the operation nor advised it, nor had anything to do with it. The only direct testimony showing that he had advised it was that of the woman upon whom it was performed, who testified that the operation was performed by P. at his office, by use of an instrument, and that she submitted to it upon the advice and procurement of the de

fendant. A police officer testified that about a month after the crime was alleged to have been committed he found in the office of P. instruments which were shown to be suitable for the purpose of procuring an abortion. The defendant's counsel requested the court to charge the jury, in substance, that W. was an accomplice if the crime was committed, and that the finding of the tools in P.'s office was not any evidence of corroboration of W. on the question of the com. mitting of an abortion, as against V. This the the court refused to do, and the appellate court sustained this decision. The trial court held that to justify V.'s conviction only two things, under the indictment, were necessary to be established: 1. That an abortion had been committed; 2. That the defendant had induced the woman to submit to it. The court further held that the finding of the instruments tended to corroborate the woman's testimony as to the first, though not as to the second of those facts, and was therefore admissible; that W. could not be indicted with the defendant for the offense charged, and that she was not technically an "accomplice" within the meaning of the statute which provides that

"a conviction cannot be had upon the testimony of an accomplice, unless he be corroborated by such other evidence as tends to connect the defendant with the commission of the crime." And the appellate court held there was no error in this People v. Vedder, 34 Hun (N. Y.), 280. See also Com. v. Blair, 126 Mass. 40; Com. v. Adams, 127 Mass. 15; Watson v. State, 9 Tex. App. 237.

The statutes of New York make it a crime to administer to a woman, whether pregnant or not," any medicine, etc., "with intent thereby to procure the miscarriage of a woman," etc. Under this statute it has been held sufficient to charge in the indictment that the offense was committed upon "a woman with child:" Eckhardt v. People, 83 N. Y. 462; 22 Hun, 525; 38 Am. Rep.

The Penal Code of Texas makes it a crime to administer any drug or medicine to pregnant women for the purpose of producing an abortion: Tex. Pen. Code, art. 536. Under this statute it has been held that the indictment for the offense need not allege what the drug was: Watson v. State, 9 Tex. App. 237.

Under the provisions of the statute in Iowa on