State v. Smith

Appellant, defendant below and whom we shall refer to as defendant, appeals from a conviction, in the Circuit Court of Butler County, of manslaughter, and sentence, pursuant to a jury verdict, to pay a fine of $750. The offense of which defendant was convicted is a felony. [1] The prosecution is by indictment which charges that defendant, "on or about the 29th and 30th days of November, 1935," feloniously, etc., used upon one Ada Garrett, "a pregnant woman" certain instrument or instruments with intent to promote and produce a miscarriage and abortion, from which alleged unlawful operation…