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STATE v. SCHULMAN

485 P.2d 1252 (1971)

STATE of Oregon, Respondent, v. Richard SCHULMAN, Appellant.

Court of Appeals of Oregon, Department 2.

Decided June 17, 1971.

Attorney(s) appearing for the Case

Howard R. Lonergan, Portland, argued the cause for appellant. With him on the brief was A.I. Bernstein, Portland.

Jacob B. Tanzer, Sol. Gen., Salem, argued the cause for respondent. With him on the brief was Lee Johnson, Atty. Gen., Salem.

Before SCHWAB, C.J., and FORT and THORNTON, JJ.

THORNTON, Judge.

Defendant was convicted by the Circuit Court of Multnomah County of committing an illegal abortion. On appeal he contends (1) that the indictment did not allege facts sufficient to constitute a crime and (2) that the abortion statute, ORS 435.405 to 435.495, is unconstitutional.

The indictment charges that defendant, on or about October 11, 1969,

"* * * did unlawfully, purposely and feloniously use in the body and womb of one Judy...

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