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This is an appeal from a judgment upon conviction of the defendant of the crime of murder in the second degree, claimed to have been committed by the defendant in the performánce of an abortion upon the person of one Mabel Solomonson, who died shortly thereafter.

The main facts of the case which it is the claim of the prosecution were sufficiently established by the evidence to justify the defendant’s conviction are these: On May 21, 1918, the deceased girl, accompanied by a female friend named Edna Swanson, came from Turlock to San Francisco, registering at the Argonaut Hotel, where they remained overnight, occupying the same bed. The following morning they removed to the Keystone Hotel, where they took a room. While there the decedent disrobed in the presence of her companion-and took a sponge bath. She was then apparently in good physical condition and had no menstrual flow. At about half-past 11 in the morning of that day the two girls went to the West-bank Building, in this city, where the defendant, who is a physician, had his offices. They entered his reception-room and were there met by an assistant of the defendant, named Mrs. Hunt, who, being informed which of them was…