State v. Elliott

The defendant was convicted of the crime of manslaughter by abortion, and appeals.

The evidence discloses that a teen-age girl became pregnant. There is evidence from which the jury could have found that she became mentally overwrought by her condition and on two occasions attempted self-destruction. There is further evidence that the defendant performed the abortion.

The defendant contends that the indictment fails to state a crime and therefore the court erred in admitting any evidence, and, in failing to sustain his motion for a directed verdict of acquittal. The defendant’s contention is…