Commonwealth v. Winfrey

Opinion op the Court by

Judge Clarke

Reversing.

M. O. Winfrey was indicted in the Bell circuit court for the offense of criminal abortion under section 1219a *651of the Kentucky Statutes'. After indictment, hut before trial, he married the prosecuting witness upon whom the.abortion was alleged to have been performed. When, the case was called for trial the Commonwealth Attorney moved to dismiss the indictment, endorsing thereon his reasons for the motion, whereupon the court entered the following order:

“Upon the calling of this case for trial, the Commonwealth’s attorney, Hon. J. Gr. Forester, made…