People v. Darby

WOOD (W. J.), J.

Defendant was accused by information of the violation of section 274 of the Penal Code, in that he feloniously employed an instrument upon Angelina Sylvia with the intent to bring about a miscarriage.' A jury returned a verdict finding him guilty and he has appealed from the judgment of conviction and from an order denying his motion for a new trial.

Defendant contends that the trial court erred to his prejudice in admitting evidence that on two occasions prior to the date of the abortion charged in the complaint defendant had performed abortions upon a Mrs. White and a Mrs.…