State v. Gruich

The opinion of the court was delivered by

Swayze, J.

The defendant was indicted for and convicted of procuring the miscarriage of R. M. The Supreme Court affirmed the conviction. The only question to be discussed is whether or not the trial judge properly allowed Dr. L. to testify as to his conversation with Mrs. M. in the presence of Dr. D. with a notary, Huelsenbach, the defendant being-absent. The statement was obtained and written down by Huelsenbach and signed by Mrs. M. on -the day of her death. It was obtained by questioning b3r the doctor. On his examination in chief he failed' to…