Judson

The evidence shows that one Virginia Stewart went with her mother to the home of defendant on February 7, 1932, and that at the time she was pregnant and in apparently good health. She passed away February 9, 1932, the only witness present being the defendant. The circumstances surrounding the death indicated that an abortion had been performed which was not necessary to save the patient’s life, and defendant was arrested upon the charge of murder. The jury failed to agree upon a verdict at the first trial, concluded June 7, 1932, and the case was reset for July 6th of that year. In the meantime the public defender of Los Angeles County was substituted as counsel for defendant and the case continued to July 8, 1932. The verdict of the jury was returned July 16th and found defendent guilty of murder in the second degree. At the time set for sentence, July 21st, a motion for new trial was presented, the hearing thereon as well as the passing of judgment and sentence being continued to July 29th. On the latter date defendant asked for a further continuance, which was denied, and judgment was pronounced. From the order denying her motion for a new trial and from the judgment defendant…