People v. De Vaughn

[448]

THE COURT,

Appellant was charged with the crime of murder as the result of an alleged criminal operation performed upon the person of one Louise Swartz. He was convicted of murder in the second degree. From the final judgment of conviction and from an order denying his motion for a new trial defendant appeals.

Several grounds are urged for a reversal. It is first claimed that the evidence is insufficient to support the verdict. "While the evidence is conflicting in some minor details, in our opinion it is amply sufficient. Such evidence in substance shows that deceased was the wife of one Manuel Swartz. There were two children issue of the marriage. In the month of January, 1933, deceased informed her husband she was pregnant and that she intended to have an abortion performed, as she did not desire to have any more children. At this time deceased was in a normal condition. Her husband told her it was a very dangerous thing to do but that it was a matter she would have to decide for herself. About February 1st of the same year deceased requested her husband to take her to defendant’s office. The husband, accompanied by her, the two children and a lady friend, drove to the office of the defendant. The friend accompanied the deceased to defendant’s office, the husband and children remaining in the automobile. There is evidence to show that deceased consulted defendant, informing him that she had a backache, a headache and was also suffering from an offensive discharge. Defendant requested the friend to retire to the reception room, deceased remaining with defendant in his private office. An employee of defendant was ordered to have the deceased disrobe and prepared for an examination. There is no direct evidence as to what took place at this time, defendant not having taken the stand. As to the appearance of the deceased after she left defendant’s office, there is a conflict in the evidence. There is evidence to show, however, that when she left the office she was quite pale and was restless all night. It also appeared that her .private parts were packed. Deceased again visited the office of defendant on three succeeding days, where she remained about an hour on each visit. Upon leaving the office on these occasions she was pale and very sick. After the last visit the condition of the deceased grew alarm

[449]