People v. Brown

• Decision Date: 07 January 1958
• Docket Number: Cr. 6112
• Citation: 49 Cal.2d 577,320 P.2d 5
• Court: California Supreme Court
• Parties: The PEOPLE of the State of California, Plaintiff and Respondent, v. Lois BROWN, Defendant and Appellant.

Page 5

320 P.2d 5

49 Cal.2d 577

The PEOPLE of the State of California, Plaintiff and Respondent, v. Lois BROWN, Defendant and Appellant.

Cr. 6112.

Supreme Court of California, In Bank.

Jan. 7, 1958.

Gladys Towles Root, Los Angeles, for appellant.

Edmund G. Brown, Atty. Gen., William E. James, Deputy Atty. Gen., Vern B. Thomas, Dist. Atty., Frank J. McCarthy, Asst. Dist. Atty., Santa Barbara, and Thomas P. Weldon, Deputy Dist. Atty., Santa Maria, for respondent.

SCHUER, Justice.

A jury found defendant guilty of second degree murder of Lucy Sanchez (count 1) and abortion committed upon Lucy Sanchez (count 2) and upon Clara Thornton (count 3). Defendant appeals from the ensuing judgment of conviction. We have concluded that the judgment should be affirmed as to counts 1 and 3 but that as to count 2 the judgment should be reversed, not because there was any prejudicial error in the proceedings which led to the verdict of guilty on that count but because to permit convictions under both count 1 and count 2 to stand would violate the provision of section 654 of the Penal Code that 'An act or omission which is made punishable in different ways by different provisions of this code may be punished under either of such provisions, but in no case can it be punished under more than one * * *.'

The abortion of Clara was committed on January 18, 1956, and the abortion and murder of Lucy were committed on January 26, 1956. Clara and Lucy resided together in Santa Maria. On January 18, 1956, Lucy had been pregnant for six months and Clara for three months. Clara testified as follows: On January 18, Clara first met defendant Lois Brown, who said her name was Vi. Lucy had received a telephone call, and she and Clara met defendant on the street and got in defendant's car. Defendant 'asked me how far along I was and I told her * * * That I was three months along. * * * She said I didn't have anything to worry about. * * * Lois said that Lucy was a little bit further ahead of me and it was a little more dangerous for her to go through with it, but said she would be all right, if Lucy would be in the care of Vi and present to tie the baby's navel cord and watch her from hemorrhaging.' Lucy got out of the car and went back home and defendant and Clara went to 2650 South Broadway. At defendant's request Clara gave her $100. Defendant inserted a syringe in Clara's genitals and injected a solution which looked and smelled like Lifebuoy soap. At this time Clara was in good health. Defendant 'said that she was in need of the money and she wished she could take us both * * * She said she was doing it to us for $100.00 and she usually did it for $200.00 in Los Angeles.'

Defendant and Clara then went to the cafe where Lucy worked and defendant 'told Lucy that I was going to be all right and told her that she would see her later and see if she could get any money to go through with hers.'

Clara and Lucy went home, accompanied by Beatrice Duran, a friend. Clara 'had kind of a watery discharge.' The next morning, she testified, 'I started getting bad pains and then I started flowing blood, and then I was in terrible pain * * * and then I went to the bathroom * * * and passed a clot or something after quite a while, and the pain was relieved a little bit then.' At about 11 o'clock defendant came to Clara's and Lucy's home. While defendant was present Clara 'was still cramping a little bit * * * (and) passed another small clot' which defendant examined 'and called Beatrice and Lucy to look at it and told them that was the afterbrith and that I was going to be all right.' Defendant 'massaged my abdomen and she said for me to do that every once in a while, so everything that was left in there would come out, and then she called Lucy * * * and showed her.' Defendant 'asked Lucy if she though she could borrow the money and go through with it, and Lucy said she didn't know, and Lois asked her if she thought Ira (Ira Gin, a witness hereinafter mentioned) would loan her the money. * * * Lucy said she didn't know, so Lois said she would take her so the could go ask him if he would lend her the money.' Defendant and Lucy then left.

Beatrice Duran testified that she was at Clara's and Lucy's home on the morning of January 19, 1956; that defendant came to the home, massaged Clara's abdomen, and called attention to a 'meaty' substance which defendant said was the afterbirth; that she explained that 'she was massaging her stomach so the womb would go back into place'; and that 'she told Clara to go to the coctor and tell the doctor she had a cold and to give her a penicillin shot.'

Dr. Randall, a physician who examined Clara on January 30, 1956, testified that in his opinion she had been pregnant and had had an induced abortion about ten days before his examination. Clara described to the doctor the manner in which the abortion had been performed, by the injection of a solution with a syringe; the doctor's findings from his examination 'fit in with the history that was given us on the case.'

According to further testimony of Clara, defendant came to the home of Lucy and Clara at about 3:30 p. m. on January 26 and left with Lucy. Lucy was wearing clothes, identified by Clara, which were subsequently found at 2650 South Broadway. When Lucy left the house she was in good health. Shortly prior to January 26 Clara had repaid Lucy $100 which Lucy had loaned her. At about 7:30 p. m. on January 26 defendant came to the cafe where Clara worked. 'She asked me if I could go with her and see Lucy and if she could take her over to our house * * * and if I thought anybody would bother them over there, and that they had gotten through about 5:00 o'clock and that she started flowing pretty heavily at the time and she started getting dizzy, then went out into a coma * * *, and she was moaning pretty bad and she was afraid that somebody in the neighborhood would hear her and that she'd stay over at our house with her overnight and take care of her.' Defendant and Clara went to 2650 South Broadway. Defendant's mother was present. Lucy was lying on a couch with her raincoat and newspapers underneath her and a blanket and bedspread covering her. There was blood on the bedspread, the newspapers and raincoat, and on Lucy's legs and body. Defendant appeared nervous and excited. Defendant and Clara carried Lucy to the car which defendant had and, with defendant's mother, drove to a hospital. Defendant told Clara that 'if they asked me where we had gotten Lucy, to tell them that we had gotten her from our house, and that I had called her (defendant) up for help.'

As defendant, her mother, and Clara waited outside the emergency room, according to Clara's further testimony, defendant ' said she knew she shouldn't have done it, and * * * took out her wallet, took out $30.00 and gave it to me and she said that those $30.00 were to help me in case Lucy needed anything.'

A doctor then informed Clara, defendant, and defendant's mother that Lucy was dead on arrival at the hospital. As Clara, defendant, and defendant's mother waited, defendant 'said that she didn't knew what to do whether to tell the truth or to deny it * * * (Defendant) asked me what she should do whether she should run away or stick it out * * * and then she took out her wallet again from her purse and told me 'Here's the rest of Lucy's money so that you can use it for her funeral. " Defendant then gave Clara $70.

A physician who performed an autopsy upon the body of Lucy testified that in his opinion she died of acute loss of blood from the large blood channels within the uterus; the forcible separation of the membranes 'was caused, in my opinion, by some blunt object which produced dilatation of the cervix'; the membranes of the uterus were of a dark brown color and granular appearance which could have been due to the introduction of chemicals by external means.

Ira Gin testified that about two months before January 26, 1956 (the date of Lucy's death), Lucy told him that she was pregnant and that 'She was going to Tia Juana and get an abortion.' Thereafter Clara 'told me she was pregnant.'

Gin further testified that in November or December, 1956, defendant went with Gin to the cafe where Lucy worked and the following conversation occurred: 'I introduced Lucy Sanchez to Lois Brown. I said, 'This is the lady you want to see.' * * * (Defendant) said 'I know a lady who can help you.' * * * (T)hey make appointment, meet in front of the post office, 6:00 the next day.' Thereafter defendant again went with Gin to the cafe and met Lucy. 'Lois said, 'You have the money I can help you,' and Lucy gave Lois the phone number of where she lived.' Lucy and defendant said that they would meet the next day.

About five days before Lucy's death Lucy and defendant came to Gin's room. Lucy asked to borrow some money from Gin. Gin refused but told defendant, 'Lucy's honest, you can trust her.'

Lucy's sister testified that Lucy told her, three or four months before her death, that she was pregnant and was going to have an abortion.

As appears from the foregoing summary of salient portions of the testimony, there was sufficient evidence to support the verdicts. Evidence introduced by defendant in contradiction and attempted explanation of the evidence which supports the verdicts need not be summarized.

Defendant contends as to count 3 (abortion of Clara) that Clara's testimony was not corroborated as required by section 1108 of the Penal Code. ¹ It is fundamental that the corroboration of the testimony of an accomplice must tend to connect the defendant with the commission of the offense. 'The corroborating evidence is sufficient if it tends to connect the defendant with the commission of the crime in such a way as may reasonably satisfy the jury that the witness who must be corroborated is telling the truth. (Citations.) * * * (C)orroboration is not adequate if it requires aid from the testimony of the person to...