Browning

The appellant was convicted of the crime of abortion. A reversal of the judgment is sought on the ground that a portion of the trial was conducted on a holiday; that the court erred in its charge to the jury and in the reception of testimony, and that both the judge and district attorney were guilty of prejudicial misconduct.

The trial began February 27, 1933, and continued from day to day to and including March 2, 1933. For the protection of the banking business of the state of California which was seriously threatened, the Governor proclaimed March 2d, 3d and 4th as public holidays. Neither the court nor counsel heard of this proclamation until after the cause had been finally submitted to the jury for decision. The cause was argued to the jury by respective counsel and the court delivered its charge to the jury on the morning of March 2d. The deliberations of the jury continued for several hours. During their consideration of the evidence the jury returned into court, and at their request, for the purpose of refreshing their memories, the testimony of several witnesses was read to them by the reporter. About 10 o’clock at night the jury returned its verdict against the…