The opinion of the court was delivered by
SMITH, J.:
The appeal is from a conviction of manslaughter in the first degree.
The information charged the defendant killed deceased, a woman pregnant with a vitalized embryo, by using on her certain instruments with the intent to procure an abortion, which was not necessary to preserve her life. The facts are about as follows:
Deceased was found dead on a bed in the basement of defendant's home; there...
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