Devaughan

By information the district attorney charged O. W. DeVaughan with having committed (1) a conspiracy to commit an abortion, (2) a conspiracy to commit a violation of section 21 of the Juvenile Court Law and (3) that this defendant alone violated said section. The defendants pleaded not guilty. They were tried before the court sitting with a jury. The court advised the jury to acquit. The jury did not do so, but returned a verdict finding McCoy guilty on the second count and DeVaughan guilty on the first and second counts. Each moved for a new trial. The court granted McCoy’s motion. It granted DeVaughan’s motion as to the first count and denied it as to the second count. From the judgment of conviction and the order denying a new trial the defendant has appealed.

On the third day of July, 1929, the prosecutrix went to work for Mr. and Mrs. McCoy, 1050 Sanchez Street, in San Francisco. She testified that on the evening of the 6th of July, 1929, when Mrs. McCoy was away from home, Mr. McCoy gave her a glass of port wine. She dimly remembered that later she was on her bed. She did not remember anything else till Mrs. McCoy came home at 2 A. M. At that time she did not know that she…