OPINION
OLIVER, Judge.
Plaintiff in error, referred to herein as defendant, was convicted by a jury upon an indictment predicated upon T.C.A. § 39-301, in which she was charged with unlawfully and feloniously performing an abortion upon Kathryn Clayborn. The jury fixed her punishment at not more than one and one-half years in the penitentiary. The trial judge approved the verdict and entered judgment accordingly. That statute is as follows:
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