Accessory before the fact.—There Is no practical difference between accomplice under our Code and the common law accessory before the act.

An examination of the Texas cases construing that state's abortion law demonstrates that the opinion of the Texas Court of Criminal Appeals was entirely consistent with past interpretations of the statute.

It has been so many times decided by this court that the woman upon whom an abortion is committed is not an accomplice, that we regard the question as settled.

—the Texas Supreme Court held that "furnishing the means for procuring an abortion" applied to drugs, medicine, or procedure that could produce an abortion.

The burden is on the state to prove the guilt of the principal to the same extent as If the principal himself was on trial, and hence all evidence to establish the principal's guilt Is admissible against the accomplice.

All persons are principals who are guilty of acting together in the commission of an offense.[PC 214.]

Where accused was charged as an accomplice to commission of abortion by a physician, the indictment need not allege that the physician knew that the woman was pregnant when he operated on her.

Where an abortion was performed on prosecutrix at the alleged Instance of defendant and a physician, prosecutrix was not an accomplice.

[BOOK] Abortion: The Supreme Court Decisions 1965–2022