Reed

Defendant, Dr. Ralph. Russell Reed, was convicted by a jury of one count of abortion and one count of attempted abortion. Proceedings were suspended, and he was granted five years’ probation, with the first year in the .county jail. He appeals on both counts. He also appeals from an order denying his motion for a new trial.

In view of differences in the facts, the evidence as to each count will have to be stated separately.

As to the first count, the evidence is that a man and his wife went to defendant’s office. The wife told the doctor she thought she was pregnant, and could he give her some medicine, or something that would make her have her period. The doctor said “she was too healthy for something like that,” but that he would take care of her.

The wife then went into another room in the doctor’s suite, and got upon a table. There defendant inserted an instrument into her private parts. This instrument caused so much pain that she cried out, and asked the doctor to stop. But he went ahead anyway. The husband paid defendant $20, and the couple left.

About two weeks later, the wife had to go to a hospital. She was in pain and was hemorrhaging. She remained in the hospital…