People v. Vosburg

BRAY, J.

Defendant appeals from her conviction of four counts of violating section 274, Penal Code (abortion), and from the order denying new trial.

Defendant was charged with abortions on four women, respectively. She concedes the sufficiency of the evidence. She could hardly do otherwise, in view of the testimony of the four prosecuting witnesses and other evidence in the case. It is therefore unnecessary to discuss the evidence other than that affecting her legal points. She makes three contentions, none of which is sound.

1. Similar Abortions

Plaintiff introduced evidence of abortions performed by defendant on three women other than the complaining witnesses. It is well settled that evidence of the commission of similar crimes is admissible to show intent, preparation, guilty knowledge, identity, scheme, plan or design. (Other abortions:

People

v.

Green,

111 Cal.App.2d 794 [245 P.2d 526]; other lewd acts:

People

v.

Zabel,

95 Cal.App.2d 486 [213 P.2d 60]; other homicide:

People

v.

Peete,

28 Cal.2d 306 [169 P.2d 924]; other thefts:

People

v.

Gordon,

71 Cal.App.2d 606 [163 P.2d 110]; other abortion:

People

v.

Clapp,

67 Cal.App.2d 197 [153 P.2d 758].)

2. Abortion Equipment

Defendant was taken into custody when she drove up to her home. In the back of her car was found an overnight case containing many instruments and other items of equipment. On the same day, in her apartment was found a brown paper bag, containing rubber gloves, packets of gauze, catheters, and penicillin. Additional equipment, including a speculum, was found in defendant’s home in Alameda. A doctor testified that many of these instruments and equipment were suitable for use in the performance of abortions, although they had other uses, too. There was •evidence that defendant in performing the abortions had used a speculum, a catheter, gauze and penicillin. It is well