Ballard

This is an appeal from a judgment of conviction on two counts of illegal abortion.

In an indictment returned by the grand jury of Los Angeles County on April 11, 1961, the appellant was charged with the crime of violation of section 274, Penal Code, in seven counts. '

Count I charged in effect that defendant did on February 11, 1961, “provide, supply, use and employ an instrument and other means upon the person of Marie Owen . . . with . . . the intent ... to procure the' miscarriage of said Marie Owen, said use and employment of said instrument and other means to procure said miscarriage of said victim, not then and there being necessary to preserve the life of . . . Marie Owen. ” .

Count II charged in the language above stated that the defendant did on February 4, 1961, perform an abortion upon Dorothy M. Franzen.

It is .unnecessary to set forth the charges contained in- the remaining counts for the defendant was found not guilty thereof—there being no evidence that any crime had been committed as so charged in said counts.

The defendant pleaded not guilty and the trial was set for November 15, 1961, and later continued to December 11, 1961, and after subsequent…