People v. Von Mullendorf

FOX, J.

Defendant was found guilty by a jury of the crime of abortion on two counts. He appeals from the ensuing judgment and the order denying his motion for a new trial.

On January 20, 1951, the complaining witness, Joan, accompanied by one Jacobson, visited the office of Dr. Clark for the purpose of having a physical examination. The doctor determined she was three months pregnant. Thereafter Jacobson had a conversation with defendant explaining that the young lady was pregnant. An appointment was made for him to bring her to defendant’s office on Hollywood Boulevard on Saturday morning, February 10th. Joan borrowed $240 for an abortion from her friend, Janice, and together they delivered it in a brown paper bag to Jacobson at a drive-in on the preceding Friday evening; it was in denominations of one and five dollar bills, as requested by him. Saturday morning Jacobson took Joan to defendant’s office. He examined her and told her she was two and a half months pregnant. Defendant asked her, ‘

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Do you want the abortion ? ’ ’

[288]

She said “Yes.” He then said, “Well, it will have to be done today or not later than Monday. It can’t wait.” Defendant told her to “come back to the office about 12:00” and not to eat anything in the meantime. She left defendant’s office with Jacobson who still had the paper bag with the money in it. Jacobson then went to defendant’s office alone and paid him the money. A few minutes after 12 o’clock Jacobson returned Joan to defendant’s office. He told her to disrobe and lie on the table; he gave her an injection which resulted in her losing consciousness. However, she regained consciousness and felt pain and knew that something was going on in her pelvic region. After it was over Jacobson asked defendant how it went and he replied “Fine, fine. But it was an awful mess. She is a healthy girl. ’ ’

On the following Monday Joan was in bed at a friend’s apartment in Pasadena. Because she was suffering pain Janice called defendant. Upon his arrival he took Joan’s temperature, felt her pulse, and palpated her stomach in various parts. On learning that it pained her he said, in the presence of Janice, “he hadn’t got it all the first time, that he would have to operate again.” He asked Janice whether there was a place to sterilize his instruments. After some conversation and defendant's refusal to take the patient to his own office, he agreed to convey her to a motel “if it was one with a kitchenette where he could sterilize.” Janice located a motel and Joan was removed to it by defendant. There, defendant required a rubber sheet and something in which to sterilize the instruments. After spreading the rubber sheeting on the bed he had Joan undress and lie down for further treatment. She saw an 18-ineh long chromium scissors-like instrument. From his anaesthetic she became unconscious. When she awoke Jacobson was there and defendant was closing his black bag. Blood was on a few of the things in the room. The next morning Janice and Jacobson removed Joan to his apartment in Hollywood. When they left the motel they took a little brown paper bag that had the contents taken from Joan and disposed of it in a trash can on the way to Hollywood. Jacobson testified defendant told him to dispose of the contents of this bag in which he saw evidence of human flesh.