People v. Alvarez

MOORE, P. J.

Defendant appeals from a judgment of conviction of abortion with a prior conviction of the same crime for which she served a term in the state prison. Her sole contention is the insufficiency of the evidence to support the judgment.

The prosecutrix was 16 years of age at the time of the crime and her name is Rebecca. Her sister is named Rayette and her sister-in-law is Martha. Rebecca testified that in order to conceal the fact of her pregnancy and to procure an abortion she took quarters in the home of Martha. She had resided there three days when she espied appellant walking along the sidewalk. Having resolved to engage someone to effect an abortion she hailed the woman from the street about 2 o’clock in the afternoon of May 2 and inquired as to her availability. Martha, who had known appellant for a year, witnessed the conversation. Rebecca requested appellant to do something for her pregnancy. The interview terminated with appellant’s promise to return later in the day and Rebecca’s promise to pay her $10 then $15 on the following day. Before departing appellant told them to procure a catheter and to give Rebecca a dose of mineral oil. During the afternoon Martha obtained the catheter and assembled pans and lysol. No person visited the home prior to appellant’s return at six o ’clock. The latter proceeded to boil a solution of soapy water and lysol containing the catheter. Having had Rebecca lie upon a bed, appellant injected the solution into her body and after withdrawing the catheter administered a douche. She instructed the girl to walk around for two hours, collected

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the $10 and departed, promising to return on the morrow for the balance of her bill. Pains seized the victim about 2 a.m. and continued until the afternoon when a well-formed, eight-inch fetus was born. After the aborted birth Rebecca had chills and was removed to a hospital about midnight of May 3.

Martha duplicated the foregoing testimony of Rebecca with the exception of the birth, at the time of which she was not present. In addition she disclosed that she did not arrange for appellant to perform an operation. Having heard the agreement of Rebecca and appellant, Martha awaited the latter’s return. When she arrived at six o’clock appellant stated that she was going to perform an abortion. The soapy fluid was injected by use of a syringe which Rebecca had obtained from a neighbor. On May 3 appellant called for the $15. During the day Rebecca suffered cramps.