Hans v. State

Messmore. J.

Alvin Hans was informed against and charged with the crime of foeticide under section 28-404, R. S. 1943. He was convicted and sentenced to serve an indeterminate sentence of not less than one year or more than five years in the penitentiary. From the sentence so imposed, he prosecutes error.

For convenience, the plaintiff in error will hereafter be referred to as defendant.

Defendant contends that section 6 of the Nebraska Criminal Code of 1873, now section 28-404, R. S. 1943, upon *70which the information in the instant case is grounded, was and is unconstitutional and in violation…