STATE v. BARNETT


437 P.2d 821 (1968)

The STATE of Oregon, Respondent, v. Ruth BARNETT, Appellant.

Supreme Court of Oregon, In Banc.

Decided January 31, 1968.


Attorney(s) appearing for the Case

Leo Levenson, Portland, argued the cause for appellant. With him on the briefs was Howard R. Lonergan, Portland.

Jacob Tanzer, Deputy Dist. Atty., Portland, argued the cause for respondent. With him on the brief was George Van Hoomissen, Dist. Atty., Portland.

Before PERRY, C.J., and McALLISTER, SLOAN, O'CONNELL, GOODWIN, DENECKE and HOLMAN, JJ.


HOLMAN, Justice.

Defendant appealed from her conviction of manslaughter by abortion. She was charged with destroying a child in the womb of its mother.

Her first assignment of error is the refusal of the court to give instructions to the effect that a female who solicits and consents that another abort her is an accomplice to the crime and that such other person cannot be convicted on the accomplice's testimony alone. ORS 136.550 states as follows:

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