Foster v. State

We shall not devote any time to the discussion or recital of the evidence further than to say that it sustains a finding that Miss Jung was pregnant; that the defendant performed a criminal operation upon her by means of which the embryo or foetus was prematurely expelled; and that there were no prejudicial errors in the trial of the case.

The really serious question in the case is whether the defendant was prosecuted under the proper section of the statute. Sec. 4352, under which he was prosecuted, reads as follows:

“Any person who shall administer to any woman pregnant with a child any…