Pearson v. State

KRUEGER, Judge.

The conviction is for the offense of having performed an abortion. The punishment assessed is confinement in the State penitentiary for a term of two years.

Appellant first challenges the sufficiency of the evidence to justify and sustain her conviction. The State’s testimony, briefly stated, shows that on or about the 15th day of February, 1940, the prosecutrix went to the home of the appellant where and at which time appellant performed an abortion upon .her. Appellant took the witness stand and testified in her own behalf. She denied that she performed the act with which she…