Moore

People v. Moore

Good Law
1963 Cal. App. LEXIS 2709·213 Cal. App. 2d 160·28 Cal. Rptr. 530
Court of Appeal of CaliforniaFebruary 19, 1963Crim. No. 8155California3,707 words

Opinion

Lead Opinion

Burke, J.

In an information filed by the District Attorney of Los Angeles County defendant was charged with four counts of abortion in violation of section 274 of the Penal Code. Defendant’s motion pursuant to section 995 of the Penal Code was denied as to each count. Trial was by jury and defendant was found guilty on all counts. His motion for a new trial was denied, proceedings were suspended, and defendant was granted probation. This is an appeal from the judgment and denial of motion for new trial. No judgment has been entered or sentence pronounced but the order granting probation is deemed to be a final judgment for the purposes of appeal. (Pen. Code, § 1237.) The order denying the motion for new trial is not appealable.

*163 It is unnecessary to particularize with respect to the evidentiary facts in each ease. The record supplies substantial support for the verdicts rendered. It established that defendant procured the miscarriage of a Mrs. Evelyn Batties, a housewife, twice, as was charged in counts I and II of the information; of an Allie "Azalea” Watkins, as set forth in count III; and of a Mrs. Evelyn Ganey as charged in count IV. The procedure utilized by defendant in each case…

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