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STATE OF OREGON v. BUCK

200 Or. 87 (1953)

262 P.2d 495

STATE OF OREGON v. BUCK

Supreme Court of Oregon.

Reversed October 21, 1953.

Petition for rehearing denied December 23, 1953.

Attorney(s) appearing for the Case

Ralph E. Moody, of Salem, argued the cause for appellant. On the brief were Moody & Lamkin, Henry M. Hanzen and Douglas L. Hay, all of Salem.

Charles E. Raymond and James J. Kennedy, Deputy District Attorneys of Multnomah County, of Portland, argued the cause for respondent. With Charles E. Raymond on the brief were John B. McCourt, District Attorney, and C.W. Robison, Deputy District Attorney.

REVERSED.

LATOURETTE, C.J.

Appeal by Dr. George H. Buck, a duly licensed physician and surgeon of the state of Oregon, from a judgment of conviction and sentence predicated on the alleged violation of § 23-408, OCLA, known as the Criminal Abortion Act, which is as follows:

"If any person shall administer to any woman pregnant with a child any medicine, drug, or substance whatever, or shall use or employ any instrument or other means, with intent...

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