concurring: I concur in the result of the majority opinion, but I do not believe that we need to overrule State v. Jamieson, 206 Kan. 491, 480 P.2d 87 (1971), in reaching our agreed result.
*474The majority and Justice Lockett’s concurrence both state Jamieson held the particular statutory exception there was an integral part of the offense and, therefore, a negative averment of the exception was required. I agree with both opinions that the rules stated and relied on by Jamieson were correct statements of governing law and require this case to be reversed and remanded.
The majority and Justice Lockett’s concurrence diverge as to whether Jamieson correctly applied those rules in concluding the abortion statute could be violated, and hence the act charged could be unlawful, even when the act was necessary to preserve the life of a woman.
I see no reason for us to reach the issue of whether a decision interpreting an abortion statute repealed 25 years ago correctly construed that now irrelevant and nonexistent statute. I would leave Jamieson as it is, neither overruling it nor concluding it correctly applied the rules we all agree it correctly states.