Simon

Defendant, a woman, was convicted under an information which charged that she “on the 15th day of June, A. D. 1912, at the said county of Alameda, state of California, did willfully, unlawfully and feloniously use and employ certain means, to wit, instruments and drugs, in, about and upon and within the body of Helen Neuman, the said Helen Neuman being then and there a woman pregnant with child, as- the said E. Sattler Simon then and there well knew, with intent thereby then and there to procure the miscarriage of her, the said Helen Neuman.”

The evidence tends to show that Helen Neuman early in June, 1912, called upon defendant, and sought her services to procure a miscarriage of Helen Neuman. Defendant at this interview offered to perform the abortion for twenty dollars, but on acount of the price no agreement was reached. On the next day defendant called on Mrs. Neuman at her house, and offered to perform the abortion for her for fifteen dollars, provided that she, Mrs. Neuman, would come the afternoon of that day. Accordingly Mrs. Neuman visited the residence of defendant, and upon the statement of the defendant “that she wanted her money first before she would perform the…