Housman v. State

WOODLEY, Judge.

The conviction is for procuring an abortion, the jury having assessed the punishment at five years’ confinement in the penitentiary.

It is uncontroverted that appellant inserted a rubber tube or catheter into the private parts or womb of the witness, Mrs. Mary Jo Daniels, for the purpose of and with the intent to produce an abortion, such being the means charged in the indictment.

The proof shows that Mrs. Daniels, the wife of a soldier and the mother of a two-year old child, was pregnant and that an abortion occurred, she passing the dead fetus on April 10, 1949, and receiving…