90 Cal.App.2d 326, 2522, People v. Anderson
|Citation:||90 Cal.App.2d 326, 202 P.2d 1044|
|Party Name:||People v. Anderson|
|Case Date:||February 25, 1949|
|Court:||California Court of Appeals|
Albert A. Spiegel for Appellants. Fred N. Howser, Attorney General, and Clarence A. Linn, Deputy Attorney General, for Respondent
[202 P.2d 1045] GOODELL, J.
By an indictment in four counts the defendants Anderson, Rodley and Jenkins were accused of conspiracy (Pen. Code, section 182) to commit abortions, and of committing abortions (Pen. Code, section 274), on three women, C. T., L. L. and G. D. It alleged that the offenses were committed in the city and county of San Francisco and the county of San Mateo. The three defendants were tried together and verdicts of guilty were returned on each count. They were sentenced to Tehachapi, with the four sentences running concurrently. A motion for new trial was denied and an appeal taken by each defendant. The Anderson and Rodley appeals were dismissed by them but this appeal was carried forward by defendant Jenkins.
That abortions were performed on each of the three women on January 2, 1947, at the same place in Colma, San Mateo County, [202 P.2d 1046] was proved by direct evidence which was uncontradicted. None of the defendants took the stand and no witness was called in their behalf. The principal question on this appeal is with respect to the connection of appellant with the conspiracy and with the abortions.
The record shows without dispute that defendant Anderson and her daughter, defendant Rodley, occupied a dwelling at 1097 South Van Ness Avenue, in San Francisco; that on December 27, 1946, C. T. called there by appointment, and on December 30, L. L. and G. D. called there, separately, by appointment. With each woman the procedure was about the same. After waiting in a reception room where other women were waiting they were taken in turn into an operating room where they were given a physical examination to determine whether they were pregnant and if so the approximate stage of pregnancy. Each of the women had become convinced beforehand of her pregnancy and each testified frankly that the purpose of her visit was for an abortion. All three were married. L. L. and G. D. testified that the physical examination was made by defendant Anderson. C. T. testified that she did not know who examined her because of a shade over
her face. Each was charged $5.00 for the examination and was told that the abortion would cost $300. In each instance a definite engagement was made for the performance of the abortion a few days later. For L. L. and G. D. the date was January 2 and each of them was told to be in front of a certain well- known business establishment in Daly City at 1 p. m. on the 2d. An earlier date had been set for C. T., but when she found she could not meet it, she was told to be at 1097 South Van Ness at 11:30 a. m. on January 2d.
On that day at 11:30 a. m. C. T. arrived there and was seen to enter. At 12:45 p. m. she, accompanied by defendants Anderson and Rodley, came out the front door and photographs in evidence show them coming out and getting into a Cadillac sedan. Defendants Anderson and Rodley were in the front and C. T. in the back seat.
At 1 p. m. the Cadillac drove up to the rendezvous in Daly City, where L. L. and G. D. were waiting. Defendant Rodley alighted and the car drove up the street a ways where defendant Rodley reentered the front seat and L. L. and G. D. got into the back seat with C. T. The three in the back seat were told that when they got to a certain spot nearing their destination they should slip down to the floor so as not to be seen by the neighbors, which instructions they obeyed.
At 1:12 p. m. the Cadillac drove up to 201 Garden Lane, in Colma, and into the driveway beside the house, where all five women alighted and entered the house by a side door. Two San Francisco police inspectors watching the place from near by saw this.
Each of the three women paid defendant Rodley $300 just before her operation. Each testified that no anaesthetic was administered, and related the circumstances of her operation. None, however, saw the person who operated, for a curtain suspended from above shut off her view of the operation and the operator. Each of the three testified that while on the operating table she heard whispered conversations. Two of them testified that this whispering was between two, and at times three, women, but none could make out what was said. L. L. identified the voices of defendants Anderson and Rodley. C. T. testified that during her operation defendant Rodley stood beside her, near her head.
After the operation each woman was taken to a place to lie down, two on cots in one room, the other on a Chesterfield in another, and while resting the officers entered.
Thus far appellant Jenkins has not been mentioned. The two inspectors who saw the Cadillac drive up at 1:12, had arrived...
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