State v. Karcher

The accused insists that the trial court erred in refusing to grant her motion for judgment on the opening statement of the prosecuting attorney, because the facts stated were insufficient to warrant her conviction, in that the statement did not charge that she committed an abortion and did not state the date or venue of the alleged crime.

The only part of the prosecuting attorney’s statement which tended to connect the accused with the offense charged was as follows:

“Now, I do not believe the evidence will show that Esther Karcher ever out and out admitted the performance of this abortion. I…