Commonwealth v. Fisher

Opinion by

Flood, J.,

The defendant has appealed Ms conviction of abortion upon the ground that there was no evidence that any improper drug was administered and Doctor Sex-Ion, the Commonwealth’s medical witness, testified that he could not tell, on the basis of the physical examination of the victim, taken alone, that there had been an induced abortion.

The lay witnesses did not see what drug the defendant used upon the victim or how it was used. Indeed they did not see or know whether he used any drug upon her. Their testimony is, however, ample, if believed by the jury, to warrant the…