Daily

Convicted of abortion and of conspiring to commit abortion (Pen. Code, §§274 and 182), defendants appeal from the judgment and from the denial of their motions for new trial.

The testimony of the prosecuting witness, if sufficiently corroborated, furnishes adequate support for each verdict. There was medical evidence that an abortion had been performed.

Finding herself pregnant she requested her doctor for an abortion but he refused, deeming it unnecessary for the preservation of her life. Later, through a friend, she contacted defendant Poitevent who put her in touch with defendant Daily. He performed a packing operation and gave her some post-operative care, all at her home. Miscarriage occurred on the ninth day. Daily gave her shots the next day and again about three weeks later. Then she had a hemorrhage and went to a hospital. There the police contacted her and told her to let them know if Daily called again. Daily phoned later and by appointment came to see her at her home, where the police arrested him.

(1) Daily questions the legality of the seizure of certain instruments, medicines and materials used or useful in performing abortions.

Some of these objects were in a…