People v. Coghlan

DORAN, J. Defendant was charged by information with the violation of section 274 of the Penal Code. The abortion was performed on Dorothy Kwiat. A jury was duly waived and following the trial defendant was adjudged guilty. Sentence was suspended and defendant placed on probation for five years, the first six months thereof to be served in the county jail.

It is contended on appeal that the corpus delicti was not proven; that the testimony of the complaining witness was not corroborated; that “the decision is against law for the reason that no intent on the part of the defendant was proven. ”

It is also contended that “Search of defendant’s house was made without any warrant having been issued. An arrest was made by a peace officer who neither saw the offense com[685]mitted, nor could then have had reasonable cause for believing the person arrested to have committed it. Penal Code 836.”

Other contentions relate to the trial court’s rulings on objections and motions relating to the admissibility or inadmissibility of evidence.

As recited in respondent’s brief, “On August 5, 1954, after she had missed two periods, but was in the best of health, she talked to the appellant at his office, which was in his home on Rirnpau. She gave the name ‘Judy Steele,’ which was a pet name and her maiden name. She told the appellant that she was pregnant and wanted him to help her. ’ ’ Appellant quoted a price of $25 for an examination and $10 for each treatment. From August 9th to the 14th inclusive the alleged victim visited appellant’s office daily and received treatments. “On Sunday, the 15th, Mrs. Kwiat went to the appellant’s house on South Rirnpau and was shown into the treatment room by the receptionist. Mrs. Kwiat showed the appellant that her dress was soaking wet. She felt as though she was running a very high fever. The appellant said, “Don’t become panicky now. If you have any pains or undue or excess cramps, take a shot of brandy,’ and told her if she bled excessively, to drink jello. Then the appellant gave her a treatment which was the same in every respect, and was with the same instruments, as those she had received on the previous six days. . . . “On Monday she called another physician, who prescribed terramycin, but she did not order it. She was bleeding from her vagina. She was taken to the Los Angeles County General Hospital on Monday at about 8 :00 p.m.” There the miscarriage occurred.