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PEOPLE v. MARRA

Docket No. 7,740.

27 Mich. App. 1 (1970)

183 N.W.2d 418

PEOPLE v. MARRA

Michigan Court of Appeals.

Decided October 1, 1970.

Attorney(s) appearing for the Case

Frank J. Kelley, Attorney General, Robert A. Derengoski, Solicitor General, James K. Miller, Prosecuting Attorney, Wesley J. Nykamp, Chief Appellate Attorney, for the people.

Louisell & Barris (Carl Ziemba, of counsel), for defendant.

Before: R.B. BURNS, P.J., and FITZGERALD and LEVIN, JJ.

R.B. BURNS, P.J.

Defendant was convicted by a jury of the crimes of abortion and conspiracy to commit abortion. His claim of appeal raises five questions for the Court's consideration.

1) Did the trial court err in refusing defendant's request for a jury instruction to the effect that in order to find the defendant guilty they must find there was a living being within the uterus of the complainant at the time of the alleged act of abortion?

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