STATE v. EVANS

No. 10347.

66 S.E.2d 545 (1951)

STATE v. EVANS.

Supreme Court of Appeals of West Virginia.

Decided May 29, 1951.

Rehearing Denied August 2, 1951.

Dissenting Opinion September 10, 1951.


Attorney(s) appearing for the Case

Salisbury, Hackney & Lopinsky, Jackson D. Altizer, all of Charleston, for plaintiff in error.

William C. Marland, Atty. Gen., George W. Stokes, Asst. Atty. Gen., for defendant in error.


LOVINS, Judge.

F. E. Evans, a practicing physician and surgeon, was indicted in the Intermediate Court of Kanawha County, West Virginia, and was tried, convicted, and sentenced in that court of the crime of procuring an abortion on the body of an unmarried female, hereinafter referred to as "prosecutrix". He prosecutes a writ of error to this Court.

On or about the first day of January, 1949, the prosecutrix, a student in a Kanawha county high school, between...

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