State v. Scown

EAGER, Judge.

Defendant was indicted and convicted upon a charge of abortion under Section 559.100 RSMo 1949, V.A.M.S., and sentenced to a term of three years in the penitentiary. Motion for new trial was duly filed and overruled, and this appeal followed. The case has been fully briefed for the appellant, so we shall confine our consideration to the points raised in that brief. Supreme Court Rules, rule 28.02, 42 V.A.M.S.

The sufficiency of the evidence for submission is not attacked, but its sufficiency to support an instruction is denied; we must therefore state the facts in some detail. The…