Catching v. State

WOODLEY, Presiding Judge.

The offense is abortion; the punishment, 3 years.

The indictment alleged that appellant and Thomas Albert Forehand, acting together, did unlawfully, wilfully and designedly, with her consent “thrust and force into the womb and private parts” of prosecutrix, a pregnant woman, “an instrument calculated to produce abortion, and did then and there destroy the: life of the fetus or -embryo in the womb of the said (prosecutrix).’’

Appellant’s grounds for reversal will be considered in the order in which they are presented in his brief.

He first complains of the overruling of…