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STATE v. STRANCE

No. 961.

506 P.2d 1217 (1973)

84 N.M. 670

STATE of New Mexico, Plaintiff-Appellee, v. John Gordon STRANCE, Defendant-Appellant.

Court of Appeals of New Mexico.

February 9, 1973.

Attorney(s) appearing for the Case

Phil Krehbiel, Toulouse & Moore, P.A., Albuquerque, for defendant-appellant.

Charles W. Daniels, Paul A. Phillips, Albuquerque, New Mexico Civil, Liberties Union, amicus curiae.

David L. Norvell, Atty. Gen., Prentis Reid Griffith, Jr., Asst. Atty. Gen., Santa Fe, for plaintiff-appellee.

OPINION

HENDLEY, Judge.

Convicted of criminal abortion (§ 40A-5-3, N.M.S.A. 1953 (2nd Repl.Vol. 1972)) defendant appeals. Defendant's third point for reversal, the unconstitutionality of the criminal abortion statute, is dispositive of the appeal.

The statutory scheme under which defendant was convicted reads as follows:

"40A-5-1. Definitions. — As used in this article [40A-5-1 to 40A-5-3]; A. `pregnancy' means the...

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