Whitehead v. State

Wenke, j.

Plaintiff in error, Wallace E. Whitehead, was convicted in the district court for Douglas County of the crime of foeticide and sentenced to serve a period of two years in the penitentiary at hard labor. From that conviction and sentence, after motion for new trial had been overruled, he prosecutes error proceedings to this court.

For convenience the plaintiff in error, Wallace E. Whitehead, will be referred to as the defendant.

Some of the errors herein complained of are: That section 28-404, R. S. 1943, is unconstitutional; that the information is not sufficient either in fact or law;…