Sec. 323.
Death of quick child or mother from use of medicine, etc., with intent to destroy such child—Any person who shall administer to any woman pregnant with a quick child any medicine, drug or substance whatever, or shall use or employ any instrument or other means, with intent thereby to destroy such child, unless the same shall have been necessary to preserve the life of such mother, shall, in case the death of such child or of such mother be thereby produced, be guilty of manslaughter.
In any prosecution under this section, it shall not be necessary for the prosecution to prove that no such necessity existed.
History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- CL 1948, 750.323 Former Law: See section 33 of Ch. 153 of R.S. 1846, being CL 1857, § 5743; CL 1871, § 7542; How., § 9107; CL 1897, § 11502; CL 1915, § 15224; and CL 1929, § 16740.
Structure Michigan Compiled Laws
Chapter 750 - Michigan Penal Code
Act 328 of 1931 - The Michigan Penal Code (750.1 - 750.568)
328-1931-XLV - Chapter XLV Homicide (750.316...750.329a)
Section 750.316 - First Degree Murder; Incarceration Order Upon Conviction; Penalty; Definitions.
Section 750.317 - Second Degree Murder; Penalty.
Section 750.317a - Delivery of Schedule 1 or 2 Controlled Substance; Death as Felony; Penalty.
Section 750.318 - Degree of Murder; Determination; Testimony, Open Court, Transcript.
Section 750.319 - Repealed. 2015, Act 210, Eff. Mar. 14, 2016.
Section 750.320 - Repealed. 2015, Act 210, Eff. Mar. 14, 2016.
Section 750.321 - Manslaughter.
Section 750.322 - Manslaughter; Wilful Killing of Unborn Quick Child.
Section 750.323 - Manslaughter; Death of Quick Child or Mother From Use of Medicine or Instrument.
Section 750.324, 750.325 - Repealed. 2008, Act 463, Eff. Oct. 31, 2010.
Section 750.326 - Immoderate Speed Not Dependent on Legal Speed.
Section 750.327 - Death Due to Explosives.
Section 750.327a - Sale of Explosives to Minors.
Section 750.328 - Death Due to Explosives; Placed With Intent to Destroy Building or Object.