State v. Wahlrab

EUBANK, Presiding Judge.

This appeal primarily challenges the constitutionality of our abortion statute A.R.S. § 13-211.

Appellant was charged with one count of intentionally procuring the miscarriage of a fetus by the use of an instrument, said miscarriage not being necessary to save the life of the mother, in violation of A.R.S. § 13-211. The constitutionality of the statute was drawn into issue by a motion to quash, which was denied, and the appellant was tried to a jury and found guilty.

This appeal from the judgment of guilt and sentence of two to four years in the State Prison was then…