Abarbanel

Defendant Abarbanel was tried on an indictment charging in Count I a conspiracy to commit abortion, a violation of Penal Code, section 182, and in Count II with having committed an illegal abortion upon Judy Diane Mitchell, a violation of Penal Code, section 274. Before trial a codefendant with Abarbanel, one Hooker, appears to have obtained a dismissal of the charges under Penal Code, section 995. Trial was commenced against defendants Abarbanel, a medical doctor, Solomon and Wilkins, medical doctors specializing in psychiatry, and Edlin, Diane’s paramour. At the conclusion of the People’s case motions to dismiss were granted as to defendants Solomon and Wilkins, under Penal Code, section 1385, but denied as to defendants Abarbanel and Edlin. At the conclusion of the trial Edlin was acquitted on both counts and defendant Abarbanel was found not guilty as to the conspiracy count, but was found guilty of abortion. His motion for new trial was denied and he was fined and granted three years probation. From this judgment he appeals.

After becoming pregnant while separated from her husband, Diane visited two gynecologists who both determined that she was pregnant. One of these…