To procure an abortion within the meaning of the statute implies an intention to produce that effect, and one who by violence, but without any purpose to cause such a result, does an injury to a pregnant woman, producing miscarriage, is not punishable for the crime of producing abortion.4

1 2 McClain, Cr. Law, Sec. 1146, citing Smith vs. State, 33 Me., 48; Mills vs. Com., 13 Pa. St., 631.

2 Hughes' Cr. Law, Sec. 1917;

State vs. Dickinson, 41 Wis., 299. 3 Reg vs. Wyckerly, 8 C. & P., 262; Taylor vs. State, 105 Ga., 846; Hughes' Cr. Law, Sec. 1917.