People v. Brown

*580SCHAUER, J.

A jury found defendant guilty of second degree murder of Lucy Sanchez (count 1) and abortion committed upon Lucy Sanchez (count 2) and upon Clara Thornton (count 3). Defendant appeals from the ensuing judgment of conviction. We have concluded that the judgment should be affirmed as to counts 1 and 3 but that as to count 2 the judgment should be reversed, not because there was any prejudicial error in the proceedings which led to the verdict of guilty on that count but because to permit convictions under both count 1 and count 2 to stand would violate the provision of section 654 of…