People v. Morani

MYERS, C. J.

The defendant appeals from a judgment ■of conviction of murder in the second degree, growing out of the performance of a criminal operation upon a pregnant woman for the purpose of producing an abortion, in violation of Penal Code, section 174, and which resulted in her death. It is not claimed herein that the evidence is insufficient to support the verdict. As is usual in such eases it was sharply conflicting upon various points, but the evidence produced by the prosecution was, if believed by the jury, ample to support the following statement of facts: The defendant, who was following the occupation of a barber in San Francisco, was known as “Doctor Morani,” and claimed to have studied medicine eight years, but admittedly he had never been licensed to practice medicine, surgery, or any other method of treating the sick. He had told Mr. Dahl, the husband of the deceased herein, that he knew how to successfully perform abortions, and an arrangement was made between them for the performance of an abortion by him upon Dahl’s wife, who was then pregnant. By appointment Dahl brought his wife to the defendant’s home

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in San Francisco, where the defendant made an examination of her and an appointment was made for the defendant to come to Dahl’s house in Fruitvale the following Saturday evening and there to perform the operation. / This appointment was kept, the defendant bringing with him a small satchel containing surgical instruments. Upon arrival at the house defendant said “he had to do some work on her that evening” and used the term, “I have to dilate the womb.” Defendant then went into the bedroom with Mrs. Dahl where they remained about fifteen minutes and upon coming out the defendant said to her, “I did not hurt you much, did I?” and she said “No. That was quite easy. I hope the last of it will be as easy as that.” Defendant remained in the house that night and the following morning asked Mrs. Dahl if she had any bearing down pains, to which she replied in the negative, and he seemed somewhat surprised and disappointed that she had no pains. Then Dahl took the children out of the house, with the understanding that an operation was going to be performed by the defendant during his absence. Upon his return at 1 o’clock in the afternoon defendant said to Dahl that he had performed or attempted to perform the abortion; that it was more of a job than he thought it would be; that he had pulled a piece out of her that was a piece of a hand, showing indications of fingers, and that evidently she had gone four months instead of three, and if he had known that she was gone four months instead of three he would not have taken the case £or a million dollars. During the remainder of the day/defendant repeatedly urged Mrs. Dahl to permit him to finish the operation, at which she demurred, but finally consenting thereto, in the evening, she was placed upon the bed and defendant inserted a speculum and expanded it and through it inserted an instrument about a foot long which opened up something like a pair of scissors, and defendant inserted this and worked it like a pair of scissors, at which the woman gave a terrible scream and defendant desisted, saying, “She won’t let me work; it is no use.” When the instrument was withdrawn it was covered with blood and Dahl noticed a chunk or clot of blood i-n the chamber underneath where the defendant was working The woman was then in terrible pain and Dahl went in