People v. Escobedo

[491]

SHINN, P. J.

Antonia Escobedo and Harvey Andrew Lockhart, Jr., were convicted of conspiracy to commit abortion and of three offenses of abortion eommited on one “Esther.” Each made a motion for a new trial which was denied and each was sentenced to prison. They appeal from the judgments and from the orders denying their motions for new trial. The conspiracy count of the information alleged eight overt acts of the defendants. Count II charged the offense of abortion July 7, 1954, Count III July 12, 1954, and Count IY July 16, 1954, each count alleging that the defendants provided, supplied and used an instrument and other means upon the person of Esther with intent to procure a miscarriage.

The evidence taken at the trial, which was to the court, consisted of the evidence taken at the preliminary examination introduced by stipulation with a reservation of the right to introduce additional evidence.

In the brief of each appellant it is contended that there was insufficient evidence to establish the commission of any of the offenses charged. Neither appellant urges any other ground for reversal of the judgment or order. Inasmuch as each appellant discusses the same evidence and advances the same arguments in support of the claim of insufficiency, the evidence will be narrated but once, although it will relate to the ease of each appellant.

There was evidence which, if believed, would establish the following facts: Esther, 17 years of age, became pregnant; she was acquainted with one James Moore, who made statements indicating that he considered himself responsible for her pregnancy; on July 7, 1954, she met Moore; Moore telephoned to Lockhart telling him that he had a girl in trouble and wanted to know if he, Lockhart, could help him (Moore) ; Lockhart replied that it would be $300; that there would be a lady doctor doing it at her home and there would be no danger. At the suggestion of Lockhart, Esther and Moore met him on the morning of July 7th at Bellflower Boulevard and South Street. Lockhart said he would take Esther to a place in East Los Angeles, to a lady doctor, and would be gone for about one hour and a half. Moore endeavored to cash a check at a market but was unable to cash it. The three then went to a bank in Bellflower and when the bank opened Moore cashed a check for $300, returned to Lockhart’s car where Esther and Lockhart were waiting and gave Lockhart $300. Moore left and Lockhart and Esther drove to the