Davis

Defendant, an osteopath, was charged with four counts and found guilty on two counts of having committed abortions. (Pen. Code, § 274.) He appeals from the judgment of conviction and the order denying his motion for a new trial. He contends that the judgment should be reversed because: (1) the trial court denied his motion for a continuance and thereby violated his constitutional rights; (2) the trial court committed prejudicial error in admitting certain testimony regarding conversations had between an officer and defendant at the time of arrest; and (3) the trial court committed prejudicial error in failing to designate certain witnesses, as a matter of law, to be accomplices and to instruct in the language of section 1111 of the Penal Code as to the necessity of corroboration of their testimony. Our reading of the record leads us to the conclusion that no prejudicial error was committed, and that the judgment should be affirmed. (Const., art. VT, §4%-)

With respect to Count Three, Mrs. Huella May Coon testified that, believing herself to be pregnant, she made an appointment with defendant and went to his residence on March 3, 1953, around 8 o’clock in the evening, and that…