Earnest v. State

DAVIDSON, Presiding Judge.

Appellant was convicted of the crime of abortion, his punishment being assessed at two years confine-i ment in the penitentiary.

The theory of the State was that a party named Hammett had had illicit relations with a girl named Lillie Hirt by which she became preg-l nant; that Hammett and the girl went to Ranger to see appellant, who was a physician, with a view of having an abortion committed upon hen under the theory that she was pregnant. There was an issue as to' whether she was pregnant or not, and an issue as to whether there was an abortion. The evidence tends…