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STATE v. ELLRICH

10 N.J. 146 (1952)

89 A.2d 685

THE STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. JEAN MAX ELLRICH AND MARY ELLRICH, DEFENDANTS, AND HOWARD A. WELCHER, DEFENDANT-APPELLANT.

The Supreme Court of New Jersey.

Decided June 26, 1952.

Attorney(s) appearing for the Case

Mr. Frank G. Schlosser argued the cause for appellant.

Mr. Paul T. Huckin, Deputy Attorney-General, argued the cause for the State (Mr. Harry L. Towe, Deputy Attorney-General, Acting Prosecutor of Bergen County, attorney).

The opinion of the court was delivered by WACHENFELD, J.

The appellant, having been convicted by a jury on an indictment for abortion, appeals, claiming he did not instigate the chief actor to perform the unlawful operation and accordingly is not criminally responsible and a judgment of acquittal in his favor should have been ordered. He also alleges the verdict was against the weight of the evidence, there was error in the...

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