State v. Brown

The opinion of the court was delivered by

Smith, J.:

The appeal is from a conviction of manslaughter in the first degree.

The information charged the defendant killed deceased, a woman pregnant with a vitalized embryo, by using on her certain instruments with the intent to procure an abortion, which was not necessary to preserve her life. The facts are about as follows:

Deceased was found dead on a bed in the basement of defendant’s home; there was evidence of her having made an appointment with defendant; that she was four or five months pregnant; that her water bag and fetus were normal and her…