Supreme Court of New Jersey April 15, 1849 (State v. Cooper)

lead-opinion

The Chief Justice

delivered the opinion of the court.

The only point reserved, and submitted for the opinion of this court, is whether an attempt to procure an abortion, the mother not being quick with child, is an indictable offence at the common law. It may simplify the inquiry to consider whether the procuring an abortion under such circumstauces constitutes a crime.