People v. Vigil

VALLÉE, J. In a nonjury trial defendant was convicted of procuring an abortion. She was sentenced to the institution for women and appeals from the judgment. Her points are that the evidence is insufficient to sustain the judgment and there was insufficient corroboration of the testimony of the prosecutrix.

On May 14, 1958, Mary Lou Samaniego was told by a physician she was pregnant. She was in good health and knew no reason why she could not have a normal childbirth. She had missed three menstrual periods and was “getting large.” That evening she met defendant in the Golondrina Café in Pacoima and asked her to “give” an abortion and that she “was hard in disposing of babies.” She asked defendant if she would do it for $50. Defendant said she would do it. Later that evening Mary Lou gave defendant $50. [184]Defendant told her to come to her house the following night, which she did. Defendant had her go into a bedroom, take off her capris and underclothing, and lie on a rug on the floor. Defendant inserted a syringe into Mary Lou’s vagina and moved her around so that it would go into the cervix or womb. She felt a liquid go into her and felt pain. During this time a pan was on the floor beside Mary Lou. She lay on the rug three or four minutes and then dressed. Defendant told her to go home and take three bromo-quinines.

On May 19 Mary Lou returned to the café and told defendant nothing had happened. Defendant said she would do it again, to come to her house the following night, which Mary Lou did. Defendant “went through the same operation again.” On the way to her home, Mary Lou began to have chills. The next day she had a backache and went to a hospital for three days.

A few days later Mary Lou went to the café and saw defendant. She told defendant she had been in a hospital, nothing had “passed,” and she wanted her money back. .Defendant returned $30. After this meeting Mary Lou went to a hospital and passed a foetus.

On June 24, 1958, Officer Galindo of the Los Angeles Police Department went to the Golondrina Café and talked to defendant. He told defendant he was Mary Lou’s brother; Mary Lou had visited her [defendant] a month or five weeks before; as a result, she was in a hospital. Defendant said she did not know what he was talking about. Galindo said, “The girl that came here is around 23 years of age, and she has brown hair. She was here to see you regarding an abortion. She paid you $50 for the abortion, and since then you have returned $30 to her which happened about two, possibly three weeks ago”; he had just left her at the hospital; she was extremely ill; they were going to have a large hospital bill, and he made the trip to the café to pick up the additional $20. Defendant said, “The girl you are talking about I have already returned $30 to her, and I told her that I would give her back the $20, but she never came back.” Galindo said all he wanted was the $20. Defendant stated, “Well, I will give you the $20 on the condition that you give me a solemn promise that you are not going to be bothering me any more. ’ ’ Defendant asked Mary Lou’s condition. Galindo said the doctor had told him he had found some “fatty globules in her uterus” and there were “some kind of germs in there.” Defendant said, “There shouldn’t be any germs. There shouldn’t