Shead

In an information filed by the District Attorney of Los Angeles County, Juanita Josephine Shead and Charles Lee Cooke were charged with abortion in violation of section 274 of the Penal Code. Pursuant to jury waiver and stipulation of defendants and all counsel, *141 the cause was submitted to the court on the testimony contained in the transcript of the proceedings had at the preliminary hearing. Defendants were found guilty as charged, probation was denied and defendants were sentenced to prison for the term prescribed by law. Defendant Shead appeals from the judgment and denial of motion for new trial. Defendant Cooke’s appeal was dismissed pursuant to California Rules of Court, rule 17(a). *

Mrs. Joan Guerin testified after an order of court granting her immunity from prosecution. She related that she failed to have her menstrual period in either April or May 1961, and on June 7,1961, believing herself to be pregnant she went to Dr. McNieholas. A pregnancy test was made confirming her suspicions.

Although in good health, she desired to terminate the pregnancy. The matter was discussed with her family and several friends. On June 23, as directed by a phone call from an…