Criminal Law—Furnishing Pregnant Woman with Medicine to Produce Miscarriage—Evidence—Corroboration.—In a ' prosecution, under section 274 of the Penal Code, for supplying a pregnant woman with a certain medicine, with intent thereby to prdcure her miscarriage, the evidence is held sufficient, with respect to every element of the offense, to corroborate the testimony of the woman, and to justify a conviction, within the requirements of section 1108 of the Penal Code.

Id.—Absolute Knowledge op Pregnancy Unnecessary—Intent to Produce Miscarriage in Event op Pregnancy.—It was not essential to the commission of such offense, that the defendant, at the time he supplied the medicine, should have known absolutely that the woman was pregnant. If he had only a suspicion that pregnancy existed, and furnished the medicine with the intention to thereby procure the woman’s miscarriage if such pregnancy existed, a sufficient intent is shown to meet the requirement of the statute defining the offense. In the present case the evidence is held sufficient to show the existence of such intent, and the testimony of the woman in that respect is sufficiently corroborated.

Id.—Evidence op Pregnancy at Time Drug was Furnished—Possibility op Subsequent Pregnancy.—Where the evidence was sufficient to warrant the jury in concluding, beyond a reasonable doubt, that the woman was pregnant at the time the medicine was furnished, a mere possibility that she did not become pregnant until afterwards, will not warrant the setting aside of a verdict of conviction.

Id..—Marriage op Woman after Becoming Pregnant—Child Born During Wedlock—Evidence op Mother Admissible to Establish Pregnancy.—In such a prosecution, the fact that a child was born of the woman after her marriage to another man and while such marriage existed, does not preclude the testimony of the woman to show that she was pregnant with such child prior to her marriage, and at the time the medicine to produce the miscarriage was prescribed by the defendant.

Id.—Evidence op Dependant’s Paternity op Child—Testimony op Mother that Dependant was Father.—Evidence of the defendant’s paternity was admissible in such case, on the question of motive, and as tending to show inducement for the crime. And where the woman, without objection, has testified that during the time when in the course of nature the child must have been conceived, she never had sexual intercourse with any other man than the defendant, it was without prejudice to permit her to testify, in answer to a direct question as to its paternity, that the defendant was the father.

Id.—Exhibition op Child to Jury—Comparison op Appearance op Child with that op Dependant—Evidence in Corroboration op Testimony as to Time op Conception.-—In such a prosecution, it was proper to permit the woman to bring the child, then about five and a half months old, with her upon the witness stand, and to state that it was the child to which she referred in her testimony, thus giving the jury an opportunity to see it and compare its appearance with that of the defendant in determining the question of its paternity. Such exhibition of the child was not objectionable for irrelevancy or incompetency, and in the present case was proper as corroborative of the testimony that it was born fully matured and perfect, a matter material in determining whether it was conceived prior to the time that defendant furnished the medicine to the woman.

Id..—Statement op Dependant as to Sexual Intercourse with Other Woman—Furnishing Other Woman with Similar Drug to Produce Miscarriage.—Testimony of the woman was admissible to the effect that the defendant told her shortly after he had given her the medicine, that he had sexual relations with another girl, if given in connection with other testimony to the effect that he told her, as a part of the same statement, that such other girl was pregnant and was taking the same medicine, and that he had given it to her for the same purpose, viz.: “to start the flow.” Such evidence was proper as tending to show an admission on his part as to knowledge of the character of the medicine and its tendency to produce a miscarriage, and also the motive and intent with which he had furnished it to her.

Id.—Corpus Delicti—Evidence op Woman Corroborated by Evidence op Confession.—The evidence of the woman was sufficient proof of the corpus delicti to warrant the introduction of evidence of admissions or confessions on the part of the defendant for purposes of the corroboration made necessary to sustain a conviction by section 1108 of the Penal Code.

Id.—Child Born Fully Developed—Instruction—Presumption that Things Have Happened According to Nature.—In such a prosecution, where one of the questions involved was whether the child born of the woman in a fully developed and perfect condition, was born at the end of the natural term of gestation, it was proper for the court to instruct the jury, in accord with subdivision 28 of section 1963 of the Code of Civil Procedure, that it is presumed that things have happened according to the ordinary course of nature and the ordinary habits of life.

Id..—Instructions as to Intent to Procure Miscarriage—Presumption op Intent—Natural Consequences op Acts.—Where the jury was repeatedly instructed that the specific intent with which the drug was furnished was the gist of the offense, and that unless they were satisfied beyond a reasonable doubt by the evidence that it was furnished with the intent to procure a miscarriage in the event that the woman was pregnant, they must acquit, an isolated instruction, to the effect that a person must “be presumed to intend all the natural, probable, and usual consequences of his own acts, unless there is evidence direct or indirect to controvert this presumption, will not be construed as authorizing them to find as a fact an intent to procure a miscarriage from, the mere fact of the furnishing of the drug.