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Brief for Appellant

Statutes Involved

2A TEXAS PENAL CODE art. 1196, at 436 (1961):

Nothing in this chapter applies to an abortion procured or attempted by medical advice for the purpose of saving the life of the mother.

2A TEXAS PENAL CODE art. 1191, at 429 (1961):

If any person shall designedly administer to a pregnant woman or knowingly procure to be administered with her consent any drug or medicine, or shall use towards her any violence or means whatever externally or internally applied, and thereby procure an abortion, he shall be confined in the penitentiary not less than two nor more than five years if it be done without her consent, the punishment shall be doubled. By 'abortion' is meant that the life of the fetus or embryo shall be destroyed in the woman's womb or that a premature birth thereof be caused.

2A TEXAS PENAL CODE art. 1192, at 433 (1961):

Whoever furnishes the means for procuring an abortion knowing the purpose intended is an accomplice.

2A TEXAS PENAL CODE art. 1193, at 434 (1961):

If the means used shall fail to produce an abortion, the offender is nevertheless guilty of an attempt to produce abortion, provided it be shown that such means were calculated to produce that result, and shall be fined not less than one hundred nor more than one thousand dollars.

2A TEXAS PENAL CODE art. 1194, at 435 (1961):

If the death of the mother is occasioned by an abortion so produced or by an attempt to effect the same it is murder.

1 The complaint and all other documents referred to in this Jurisdictional Statement are part of the record on appeal.

2 The statutes, set out verbatim, infra, at 4–5, are 2A TEXAS PENAL CODE arts. 1191–1194, 1196, at 429–36 (1961).

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