Fancher v. Brunger

Appellant Pollum, a chiropractor, and one Dr. Kirk were jointly indicted for four offenses of abortion, three of the subjects being married women and the fourth a single woman. Appellant was tried separately to a jury and was convicted on all counts. He was denied probation and sentenced to state prison. He appeals from the judgment and from an order denying his motion for a new trial. Four grounds of appeal are urged: (1) Insufficiency of the evidence as to each count; (2) error in admission as exhibits of certain surgical instruments; (3) error in the receipt of testimony of a physician as to alleged customary medical practices; (4) prejudicial argument of the prosecutor with respect to appellants failure to testify.