Peckham v. United States

FAHY, Circuit Judge.

Appellant was indicted in two counts under the abortion statute, D.C.Code § 22-201 (1951), 31 Stat. 1322. 1 The first count alleged the commission of the offense in May 1951; the second the commission of a like offense in January 1952. 2 The same woman was involved in each instance. At a jury trial appellant was convicted on the first count and acquitted on the second. His appeal raises a number of questions.

First we consider whether the indictment was good though it omitted negative averments that defendant, a licensed and practicing physician, did not procure the…