Simms v. State

MARTIN, Judge.

Appellant was charged by indictment with having committed the offense of abortion upon Ola McDaniel by the use of a metallic instrument, the name and character of which was to the grand jury unknown, penalty two years in the penitentiary.

She twice visited the office of appellant, a negro physician, who on both occasions inserted a speculum in her vagina, but used no other mechanical instrument that she knew of. A speculum was described as an instrument in common use by physicians for the examination of the private parts of a woman, which is neither intended to nor likely to…