People v. Marshall

Lewis, Ch. J.

The record which this appeal brings to us for review discloses incidents at the trial which we regard as so prejudicial to the defendant-appellant’s rights as to require a reversal of the judgment of conviction and a new trial.

The two defendants stand convicted by a County Court jury of Bronx County upon an indictment which charged that “ acting in concert with each other ” they caused to be performed an abortion which was “ unnecessary to preserve the life ” of the woman aborted. The defendant Benjamin did not appeal from the judgment of conviction entered upon the jury’s…