People v. Lee

KNIGHT, J.

Appellant was convicted of violating section 274 of the Penal Code, the charge being that he ad

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ministered a drug to a pregnant woman with the intent to procure a miscarriage, and on this appeal presents two points, contending, first, that the testimony of the woman upon whom the crime is alleged to have been committed was not corroborated as required by section 1108 of said code; and, secondly, that the court erred in admitting in evidence, over his objections, certain surgical instruments found in his apartment, wherein, it is claimed, the crime was consummated.

The following facts appear from the testimony of the woman upon whom the offense is alleged to have been committed: She was twenty-two years of age, unmarried, and on February 3, 1926, which was the date of the alleged commission of the crime, was from two to three months pregnant. On the morning of the day mentioned, having previously obtained appellant’s name and address from a woman friend, she called on appellant at the address given for the purpose of having an abortion produced. Appellant, who admits that he is not a physician or surgeon, took her to a bedroom in the ten-room flat occupied by him, where she told him of her pregnant condition and asked him to give her “something.” In reply appellant told her not to worry, that she was going to be all right after she had taken something; and thereupon, without the aid of instruments, he made a vaginal examination of her. She stayed in appellant’s flat the remainder of the day, spending part of the time in bed, and about 6 o’clock that evening appellant gave her a capsule filled with white substance, which she swallowed. Remaining in the flat all night, she arose about noon the next day, and, while crying, asked appellant to allow her to go home, but he replied, “You can’t go home now. You have to stay until you be all right.” She then went back to bed, and appellant brought a hot-water bag which he placed on her abdomen. She again arose about 4 o’clock in the afternoon and, while sitting in a chair reading, two police officers entered the room, and, upon asking her in appellant’s presence what she was doing there, she “told them everything.” Thereupon she was taken to the emergency hospital, remaining there all night, and the next day was removed to another hospital, where, about midnight, her miscarriage occurred.