Watson

Defendant was convicted of having by the use of drugs and instruments caused an abortion, and was sentenced to serve a term of three years in the penitentiary. This appeal was taken from that judgment and from an order denying a motion for a new trial.

The prosecutrix, a girl of the age of sixteen years, testified that at the time of the commission of the acts complained of she was pregnant and had been so for probably four or five months, and that on the ninth day of September, 1911, she was brought from a neighboring town, where she resided, to the office of defendant in the city of Los Angeles by one Atkinson, who was the person with whom she had had the illicit relations. She testified that, after using an instrument upon her person and injecting some medicinal fluid, defendant had dismissed her, giving at the same time three certain prescriptions for additional drugs which were to be taken by her as directed; that she left the defendant’s office with Atkinson and repaired to a lodging-house, and that Atkinson procured the drugs called for by the prescriptions, which she took at intervals during that night and up to the time when the abortion was accomplished, which event…