People v. Kendall

Defendant was indicted on five counts of abortion. At the first trial one count was dismissed and the jury failed to agree on the others, hence a mistrial was ordered. At the second trial the jury brought in verdicts of not guilty as to two counts, but found the defendant guilty on the remaining two (counts II and III). Defendant appeals from the ensuing judgment and the order denying his motion for a new trial.

In July, 1950, having missed her regular menstrual periods, Jo Anne, accompanied by a friend, visited defendant’s office. Defendant examined her and told her she was pregnant.…