State v. Schulman

Defendant was convicted by the Circuit Court of Multnomah County of committing an illegal abortion. On appeal he contends (1) that the indictment did not allege facts sufficient to constitute a crime and (2) that the abortion statute, ORS 435.405 to 435.495, is unconstitutional.

The indictment charges that defendant, on or about October 11, 1969,

“* * * did unlawfully, purposely and feloniously use in the body and womb of one Judy May Jenkins certain fluid, a more particular description of said fluid is unknown to the Grand Jury, she, the said Judy May Jenkins, being a female pregnant with…