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- This claim is based upon the statement alleged to have been made by the declarant, as testified to by her mother, 'She said that she had had a criminal operation…asked her who did it. She said, Dr. Bradfield from Portland.' In People v. Fritch,supra, abortion is referred to as an illegal operation. The terms, abortion, illegal operation, and criminal operation, all have a common usage and, when criminal operation is used in such connection as in the case at bar, it must be considered a statement of fact and not merely an opinion or conclusion. (en)
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