State v. Lemke

Gallagher, Chief Justice.

Defendant was indicted for manslaughter in the first degree. The indictment charged that on December 10, 1938, at Minneapolis, defendant, intending to procure an abortion on one Rhoda Waetjen, who was then pregnant, used certain instruments upon her womb and body, thereby inflicting mortal injuries from which she died on that date. It also charged that the use of the instruments and the procuring of the miscarriage was not necessary to preserve either the life of the said Rhoda Waetjen or the unborn child. Defendant was convicted. He appeals from the order denying his…