JONES v. STATE

[No. 15, October Term, 1954.]

205 Md. 528 (1954)

109 A.2d 732

JONES v. STATE

Court of Appeals of Maryland.

Decided December 9, 1954.


Attorney(s) appearing for the Case

Harry H. Cropper, for the appellant.

Ambrose T. Hartman, Assistant Attorney General, with whom were Edward D.E. Rollins, Attorney General, and Hamilton P. Fox, Jr., State's Attorney for Wicomico County, on the brief, for the appellee.

The cause was argued before BRUNE, C.J., and DELAPLAINE, COLLINS, HENDERSON and HAMMOND, JJ.


HAMMOND, J., delivered the opinion of the Court.

The appellant was convicted of abortion. The testimony of the prosecuting witness as to pregnancy — an essential element of the offense, Code (1951) Art. 27, Sec. 3 — was somewhat vague, and to the State, evidently insufficient. At the first trial of the charge, the jury failed to agree. At the second trial the State sought to prove the pregnancy, as it had in the first, by the records of the Peninsula...

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