People v. Gomez

WOOD, J.

Appellant was charged in count I of the information with the crime commonly called abortion and in count II with the crime of murder. A jury returned verdicts finding her guilty on count I and guilty of murder in the second degree on count II.

Appellant concedes that the evidence is sufficient to establish that the death of the woman involved resulted from an

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abortion, but argues that it was not established that the abortion was the result of a “criminal agency"; also that it was not sufficiently established that appellant was responsible for the abortion.

In October, 1939, Jovita Ochoa, accompanied by Maria Jacquez, with whom she was living, went to the residence of appellant and told her that she had not menstruated during the previous month. Appellant told Miss Ochoa that she would charge $25 for an operation but Miss Ochoa replied that she did not have the money and would return as soon as she could raise it. These facts appear from the testimony of Miss Jacquez. Aurora Egiarte testified that on December 5, 1939, she accompanied Miss Ochoa to the residence of appellant and at that time appellant stated that she would “fix her up” for $35. Miss Ochoa agreed to return the following Monday, December 11. It was also arranged that Miss Ochoa was to stay at appellant’s home after the operation, for which an additional charge of $15 would be made. Appellant gave instructions to Miss Ochoa as to how to prepare for the operation. On December 11 Miss Ochoa told Miss Jacquez that she was pregnant and was going to appellant’s home to be relieved. She left a note addressed to Miss Jacquez, reading as follows: “Maria: I am going to be at the home of the Mrs. If you can, see me tomorrow in the afternoon, because I do not know how I will be in the morning. Maybe I will not be alleviated. I have no assurance as to that. Only God knows that. Ask God for me that I will come out all right. Good-bye Jovita."

Miss Jacquez returned to appellant’s residence on Tuesday, December 12, but was unable to find appellant. On the following day she again called upon appellant and appellant then told her that Miss Ochoa had not been back to see her. On the evening of the same day Miss Jacquez and Miss Egiarte again went to appellant’s home to inquire for Miss Ochoa. Miss Jacquez told appellant of the note which had been left by Miss Ochoa and stated that if appellant would not inform her concerning the whereabouts of Miss Ochoa she would turn the note over to the police. To this appellant replied, “no, don’t deliver that to the police department; destroy it”. Appellant also stated that she had had bad experience with the police and that the best thing for all of