Philadelphia ( CNN ) -- Jurors in the murder trial of Philadelphia abortion doctor Kermit Gosnell ended their first day of deliberations , Tuesday without a verdict . Deliberations will resume Wednesday morning . Gosnell , 72 , is accused of killing babies by using scissors to cut their spinal cords . Authorities allege that some of the infants were born alive and viable during the sixth , seventh and eighth months of pregnancy . Gosnell originally faced first-degree murder charges in the deaths of seven babies and a count of third-degree murder in the death of Karnamaya Mongar , 41 . Mongar died of an anesthetic overdose during a second-trimester abortion . Judge Jeffrey Minehart threw out three of the seven first-degree murder charges last week . Gosnell also is charged with conspiracy , abortion at 24 or more weeks of pregnancy , theft , corruption of minors , solicitation and other related offenses . He has pleaded not guilty . On Monday , defense attorney Jack McMahon gave an impassioned , 2Â½-hour closing argument disputing the prosecution 's evidence , claiming that none of the infants was killed ; rather , he said , they were already dead as a result of Gosnell administering the drug Digoxin , which can cause abortion . McMahon , stalking the jury box , accused prosecutors of `` the most extraordinary hype and exaggeration in the history of the criminal justice system , '' even adding that they are `` elitist '' and `` racist . '' Gosnell , who is African-American , has been accused by authorities of preying on low-income , minority women . McMahon argued that Gosnell offered access to health care for people who were poor and without health insurance . On Tuesday , Minehart spent just over 90 minutes giving the jurors their instructions . Jurors appeared to listen intently ; Gosnell took notes , and attorneys watched the jury box . After retiring for deliberations , the jury sent back questions regarding one of the names of a patient and wanted the definition of `` theft by deception . '' The judge also tossed out all five abuse-of-corpse charges for storing the feet of aborted fetuses in plastic containers . Minehart dismissed one count of infanticide , the intentional killing of an infant . Gosnell also is accused of reusing unsanitary instruments ; performing procedures in filthy rooms , including some in which litter boxes and animals allegedly were present at the time ; and allowing unlicensed employees -- including a teenage high school student -- to perform operations and administer anesthesia . Nine others who worked in the west Philadelphia medical office , including Gosnell 's wife and sister-in-law , also were charged . Eight have pleaded guilty . Also on trial is co-defendant Eileen O'Neill , 56 , who worked as a doctor at the Women 's Medical Society . O'Neill , who is a medical school graduate , is charged with participating in the operation of a `` corrupt organization '' and `` theft by deception '' for operating without a license to practice medicine . Meanwhile , a gag order preventing attorneys or the jury from speaking to the media remains in place . If he is found guilty of first-degree murder , Gosnell , who is not a board-certified obstetrician or gynecologist , could be sentenced to death . CNN 's David Ariosto contributed to this report .
NEW : Deliberations will resume Wednesday morning . The defense argued prosecutors used `` hype and exaggeration '' Kermit Gosnell , 72 , faces murder counts in the deaths of four infants and one patient . If found guilty , he could face the death penalty .