Stuart

Defendant appeals from a judgment of conviction of abortion, after jury verdict, and from the order denying new trial.

Questions Presented

1. Failure of court on its own motion to instruct on intent additionally to giving section 274, Penal Code.

2. Alleged misconduct of district attorney.

*64 Facts *

Defendant, a chiropractor, was indicted for the murder and abortion of Marion. The jury found him not guilty of murder but guilty of abortion.

Mrs. Devore, a friend of Marion’s, telephoned defendant that she had a friend who was pregnant and did not desire to have the baby, and that the friend had tried to abort herself. Defendant stated that he would talk to the friend. Nothing was said about defendant committing an abortion. That afternoon Mrs. Devore and Marion went to defendant’s office. While waiting for defendant to see them, Marion handed Mrs. Devore $250. Mrs. Devore introduced Marion to defendant. Mrs. Devore had a conversation with defendant in which he discussed the fact that all of them would be accomplices, and that Marion was only six weeks along so it should not be hard. Marion and defendant went into an inner office. After 15 minutes had passed, defendant called…