MacEwing

By information (SC 245144), the defendants and Virginia Aguilar were charged in Count I with conspiracy to commit abortions in violation of section 274 of the Penal Code and in Count II with attempted abortion in violation of section 664 of the Penal Code. Several overt acts were alleged in the conspiracy count. The information charged defendant MacEwing with a prior conviction of conspiracy and abortion.

In a separate information (SC 245639), defendant Mae-Ewing was charged in three counts with a violation of section 11162 of the Health and Safety Code for writing narcotics prescriptions which did not conform to the provisions of the Health and Safety Code. Defendant MacEwing’s prior conviction was also alleged in this information. Defendants entered pleas of not guilty and defendant MacEwing denied the prior conviction. A motion by the People to consolidate the two informations was granted. Trial was by jury, and before the taking of testimony defendant MacEwing admitted the prior conviction out of the presence of the jury. Defendants were found guilty as charged. Motions for new trial and probation were denied, and defendants were sentenced to state prison for the terms…