Order unanimously reversed on the law and indictment reinstated.
Memorandum:
Respondent was indicted for conspiracy to commit abortion. County Court dismissed the indictment on the ground that payment of a sum of money by the proposed victim of the abortion to a co-conspirator did not constitute an overt act. In our view, an abortion is a felony committed upon the person of another within the meaning of section 583 of the Penal Law, so that the commission...
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