Barkoff

On this appeal by defendant from a judgment of conviction after jury verdict, on two counts of violating section 274, Penal Code (abortion), and from denial of his motion for new trial, defendant makes but two contentions: (1) failure of the court to give on its own motion an instruction similar to CAL JIG Number 27; (2) alleged error in instructions on intent.

Record

Defendant was charged by indictment with four counts of abortion, each on a different woman. The jury acquitted him on counts II and III. Briefly, the evidence is as follows: For 20 years defendant has been a licensed chiropractor practicing in Richmond. Count I. Evangeline testified that believing herself to be pregnant, and directed by a friend, she went to defendant’s office, with Joel, a friend. There, defendant instructed her to take off her underpants. He then took her to his treatment room where he requested her to lie on a table. With a speculum he opened up her private parts and inserted a pessary. No mention of Evangeline’s menstrual periods was made by either person. While inserting the pessary or immediately thereafter defendant told Evangeline that she could expect her menstrual period to start within…