The opinion of the court was delivered by FOLEY, J.A.D.
This is an appeal from a judgment of conviction and an order denying a motion for a new trial in the Passaic County Court.
On January 23, 1957 after a protracted trial, defendant was found guilty of the crime of abortion as defined by N.J.S. 2A:87-1:
"Any person who, maliciously or without lawful justification, with intent to cause or procure the miscarriage of a pregnant woman,...
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