157 A.2d 214
Supreme Court of Pennsylvania.November 9, 1959.
January 18, 1960.
Argued November 9, 1959. Before JONES, C. J., BELL, MUSMANNO, JONES, COHEN, BOK and McBRIDE, JJ.
Appeal, No. 261, Jan. T., 1959, from order of Superior Court, Oct. T., 1959, No. 59, affirming order of Court of Quarter Sessions of Berks County, June T., 1958, No. 83, in case of Commonwealth of Pennsylvania v. William H. Fisher. Order affirmed.
Same case in Superior Court: 189 Pa. Super. 8.
Indictment charging defendant with abortion. Before READINGER, J.
Motion by Commonwealth for continuance of case refused; defendant’s demurrer to the evidence sustained and order entered discharging defendant. Commonwealth appealed to Superior Court which affirmed order, opinion by WRIGHT, J. Appeal to Supreme Court allowed.
Peter F. Cianci, Assistant District Attorney, with hi Frederick O. Brubaker, District Attorney, for appellant.
C. Wilson Austin, with him Samuel R. Liever, for appellee.
OPINION PER CURIAM, January 18, 1960:
The order of the Superior Court is affirmed on the opinion of Judge WRIGHT.