I concur in the reversal for the reason that I believe the ninth instruction as to procuring an abortion is not based upon any evidence in the case, and was prejudicially erroneous, and I also agree with the opinion in regard to instruction No. 7.
I cannot agree with that -part of the opinion which discusses the evidence. I believe that, while the evidence *198is not very strong, it is sufficient to uphold a verdict, if believed by the jury.
Root, J., I concur in the above.