People v. Seiffert

[196]

THOMPSON, J.

The appellant was jointly charged with one Charles Bf. Marsh with murder. Marsh was granted a separate trial. The jury returned a verdict of guilty of murder in the second degree against this appellant. After denial of his motion for a new trial judgment was pronounced and it is from that judgment and the order denying his motion for a new trial that he appeals.

The facts necessary for the disposition of this appeal are briefly as follows: On February 25, 1926, the deceased, Louise Giovanazzi, being then pregnant, went to the home of her sister, Mrs. de Pietri, where she remained until she was taken to the hospital a few hours before her death on March 4, 1926. On February 25th, 27th, 28th, and March 1st and 2d, the deceased visited the offices of the defendants for the purpose, as she said, of having a curettement. She was accompanied by her sister, Mrs. de Pietri, in Mrs. de Pietri’s automobile. The latter remained in the reception-room while the deceased was in the private room with the doctor. During the last visit and while in the private room the deceased appeared to suffer great agony; she called her sister in, who found her “sweating just like you would take a cloth and just get it out of a bath-tub.” As she went to the office of the defendant on March 2d, the deceased gave no indication of suffering, but after the operation they had to carry her out and put her into the automobile. About 2 A. M. the next morning the deceased was operated upon, and, according to the attending physician, a packing was removed; the abdomen was full of blood; two punctures in the uterus and one in the posterior peritoneum were found and sutured. On March 4th an autopsy, was performed and in addition to the three punctures just mentioned an opening or puncture of the ascending vena cava was discovered and also a six or eight weeks’ foetus. The testimony of the physicians was to the effect that death resulted from the puncture of the vena cava, which is the vein carrying the blood back to the heart. Mrs.' de Pietri testified to the visits to the appellant’s office and that she asked her sister not to go there any more. She also testified that her sister had told her the doctors said she was pregnant and she judged she was having curettement for the purpose of bringing about a miscarriage and that she (the witness) was willing to aid her in any way she could.