State v. Hanson

D'efendant was convicted of using instruments upon a pregnant woman with intent to procure miscarriage, and appeals from: the judgment and an order denying a new trial. The sufficiency of the evidence to justify the verdict is not questioned.

The errors assigned are:

First. Refusal to quash the information on the ground of variance from the preliminary complaint. The complaint charged defendant with unlawfully -using certain instruments upon the person of a girl with intent to procure her miscarriage. The criticism *208is that it fails to .allege that the girl was pregnant and that what was done…