People v. Tatge

Defendant Tatge appeals from conviction upon count I of a three-count information. That count charged him with having committed an abortion upon Mrs. Lee A. Wilber on June 3, 1962, a violation of Penal Code section 274. Count II charged appellant Tatge and Rex Eugene Tomkins with conspiracy to commit an abortion, i.e., that on June 25,1962 they conspired with Willis J. Batson and Lee A. Wilber to commit the crime of abortion. The overt acts specified relate in each instance to Carlene Petersen, not to Mrs. Wilber. Count III charged appellant Tatge and said Tomkins with attempted abortion of…