State v. Ledbetter

The opinion of the court was delivered by

Wertz, J.:

Defendant appeals from a conviction of manslaughter in the first degree.

The information charged that the defendant killed Alice Kimberly, a woman pregnant with a vitalized embryo, by using a certain instrument, namely, a cannula with syringe attached, known as a “milk tube,” in an attempt to procure an abortion or miscarriage which was not necessary to preserve her fife. Defendant was charged with manslaughter in the first degree under G. S. 1949, 21-407. The theory of the state was that deceased was killed by defendant while he was…