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Court Limits Defense In Abortion Case

Montgomery, AL – A state appeals court has ruled that a Birmingham nurse charged with illegally performing abortions can't claim that she acted with a doctor's permission.

The decision was released Friday by the Alabama Court of Criminal Appeals, which ruled against nurse Janet F. Onthank King.

King faces misdemeanor charges and is accused of wrongfully performing abortions at the defunct Summit Medical Center in Birmingham. Her lawyer claimed King had an agreement with a doctor that allowed her to administer an abortion-inducing drug without the physician being present.

But the court said state law requires that only doctors perform abortions, and it ruled that the nurse can't tell jurors about the supposed agreement.

(Copyright 2008 by The Associated Press. All Rights Reserved.)

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