Opinion
March 8, 1943.
Present — Close, P.J., Hagarty, Carswell, Johnston and Adel, JJ. [See post, p. 733.]
Judgment of the County Court of Kings County convicting defendant of the crime of abortion, and order denying defendant's motion for a new trial on the ground of newly-discovered evidence, unanimously affirmed. The verdict is amply supported by the evidence and no error prejudicial to defendant's right to a fair trial was committed. The alleged newly-discovered evidence, namely the filling of a prescription on October 11, 1941, by the druggist Kovacs, to be used by the witness Orner for the purpose of inducing an abortion, would be merely cumulative of said witness's testimony that for a month prior to October 27, 1941, the date upon which the crime charged was committed, she had taken medicine to bring about a miscarriage.