Brewer

The defendant was convicted of the crime of murder in the second degree. Before judgment was rendered she moved the court for a new trial, which being denied and judgment rendered against her of imprisonment in the state prison for the period of thirteen years, she took an appeal to this court from the judgment and order.

The evidence shows that on the evening of September 28, 1911, Annie E. Enriele, then advanced in pregnancy about three months, repaired to the residence of the defendant, also a woman, for the purpose of procuring an abortion to be performed upon her by defendant. That the defendant operated upon her in an attempt to procure an abortion; that said Annie E. Enrick at once became so ill, weak and faint that it was with great difficulty that she could return from the residence of defendant in Berkeley to her home in East Oakland, though assisted by her husband, who had accompanied her to the residence of the defendant. That she was at once put to bed, and a physician called, who attended her until she died as a result of the operation, at a hospital to which she had been removed.

1. The court gave all the instructions requested by defendant, with some slight…