Note 212 — VII. ITS OBSTACLES TO CONVICTION.
Reading edition
In Massachusetts, though the statute is silent on these points, it is asserted that whenever a potion is given, or other means are used, by “a surgeon,” for the purpose of saving the life of the woman, the case is free of malice, and has a lawful justification. Davis, Crim. Justice, 282; Report of the Criminal Law Commissioners, 1844, Causing Abortion, I., note a.