People v. Ramsey, Cr. 1161

• Decision Date: 24 January 1958
• Docket Number: Cr. 1161
• Citation: 157 Cal.App.2d 178,320 P.2d 592
• Court: California Court of Appeals Court of Appeals
• Parties: The PEOPLE of the State of California, Plaintiff and Respondent, v. May Leola RAMSEY and Milton Grady Ramsey, Defendants and Appellants.

Page 592

320 P.2d 592

157 Cal.App.2d 178

The PEOPLE of the State of California, Plaintiff and Respondent, v. May Leola RAMSEY and Milton Grady Ramsey, Defendants and Appellants.

Cr. 1161.

District Court of Appeal, Fourth District, California.

Jan. 24, 1958.

Hearing Denied March 19, 1958.

Morris Lavine, Los Angeles, for appellants.

Edmund G. Brown, Atty. Gen., and Herschel T. Elkins, Deputy Atty. Gen., for respondent.

MUSSELL, Justice.

Appellants were charged with the crime of abortion in one information and with the crime of abortion and two counts of conspiracy to commit abortion in a second information, both filed in Orange county. The prior Felony convictions alleged in the information were admitted. The informations were consolidated for trial and trial by jury was waived. The court found appellants guilty as charged in each case and they were each sentenced to state prison. Appellants appeal from the judgments, contending that they were illegally arrested and that the evidence introduced at the trial was obtained as a result of unlawful search of the house in which they were arrested. The sufficiency of the evidence to sustain the convictions is not questioned, and it is conceded that the facts regarding the search, seizure and arrest of appellants are based upon the uncontradicted testimony of the police officers and the witnesses for the prosecution.

The facts and circumstances of the arrest and seizure herein are as follows: 'On October 5, 1956, John Baker, a deputy sheriff of Orange county, received a letter from the chief of police of Redwood City stating that a woman in Redwood City had been aborted in Orange county on September 24 and 25 at a place described as the first house beyond an orange grove on West Street in Garden Grove and near an elementary school, bearing a woman's name. The house was described as containing two bedrooms and a living room, each furnished with maple furniture, and a third bedroom containing medical and surgical equipment. It was further stated in the letter that the woman was picked up in a 1955 or 1956 blue and white Ford by a male, six feet tall, 50-55 years old, with dark hair, graying at the temples. Accompanying him was a woman described as being five feet, five inches tall, about 55-60 years old, wearing her hair in a switch on the top of her head and speaking in a southern drawl. About an hour after the receipt of this letter, Baker and Hicks of the sheriff's office went to the West Street area and located an elementary school, across the street from which was an orange grove. The first house to the south on West Street bore the number 12362. The officers looked through the windows into two bedrooms and a living room, which were furnished with maple furniture. Deputy Baker, with the aid of a flash light, saw a letter in the mail box addressed to Milton G. Ramsey. He learned from a neighbor that she had seen a blue and white Ford at that address. A check of their files by the officers revealed that a Milton G. Ramsey had been arrested in 1929 on a charge of assault with intent to commit murder; that May Leola Ramsey, alias Margaret Reeves, had been sent to state prison for abortion.

On October 11, 1956, the deputies went to the West Street house and, as they approached, they observed a blue and white Ford pulling into the driveway. They obtained the license number of this car and found that it was registered to Milton Ramsey at 1011 223rd Street, in the city of Torrance. They then went to the Long Beach police department and reviewed the Ramsey record in the 1948 abortion case. It appeared therefrom that May Leola Ramsey was the defendant and that her address was 1011 223rd Street, in the city of Torrance. It was noted that in the 1948 case the victims were picked up before noon at a prearranged location and were taken to the place of abortion. On October 12, 1956, the officers checked with the public utilities in Orange county and learned that a Madeline Ramsey had applied for utility service by 'phone in November, 1955, and that there had been a minimum of gas and light service furnished. On October 13, 1956, Baker and Hicks observed a 1956 Plymouth automobile at the West Street address and after taking the license number of this car, they found it was registered to a Marvin Reeves in Torrance. On October 17, 1956, Baker and Hicks talked to an inspector in the Long Beach police department, who told them that Milton Ramsey was May Ramsey's son; that he knew them well, and that the Los Angeles sheriff's office 'had a case on the Ramseys.' On October 19, 1956, Baker and Hicks talked with Sergeant Peterson of the Los Angeles sheriff's office, who told them that three weeks before he had had information from the Lynwood police department that a Miss Fields had made arrangements to be aborted in Orange county; that he and his partner followed her to Lakewood and Willow and that she was in a Buick which pulled into a service station at that location; that shortly thereafter a blue and white Ford drove up; that a woman, who they identified as 'Maw Ramsey', got out of the Ford, walked across to the Buick, and talked to the occupants; that she then got back in her car and both cars left in opposite directions; that he and his partner then went to Miss Fields' hime, waited for her, and on her return, took her to the county hospital to be examined; that they obtained 'a full statement from Miss Fields regarding being aborted in Orange county' She identified pictures of May Leola Ramsey and Milton G. Ramsey.

On October 22, 1956, Mr. Parkin, an investigator with the district attorney's office, told Baker that a 'victim' had arrived at the Ramsey residence in a blue and white Ford and that she had left an hour later. On October 24, 1956, at approximately 10:30 a. m., Baker received a call from Parkin, who told him that the blue and white Ford had been driven into the driveway of the Ramsey residence with a woman he identified as May Ramsey, two younger girls, and a man he could not see well enough to identify. Baker then 'phoned Hicks and Sergeant Double of the sheriff's office and they, with several investigators and officers, a photographer, and a physician (Dr. Hayden) went to the West Street address. Baker used a key to open the front door and entered the house. In the doorway of the bedroom he met Milton Ramsey, who had on a dentist's or doctor's jacket. Baker pushed Ramsey into a room and saw therein a table with a woman lying on it, 'her legs * * * her feet' were in stirrups, and May Ramsey was sitting at the end of the table and between the legs of the woman. There was a quantity of surgical equipment in the room, a chair near the end of the table with a white dishpan containing several instruments, a card table with syringes and 'other medication' on it, a spotlight or floodlight, an electric suction pump, and hypodermic tubes and needles. The woman on the table had an aluminum instrument with a black rubber face mask tied to her wrists. Pictures were taken by the photographer present and an examination of the woman on the table was made by Dr. Hayden.

Appellants were placed under arrest and when they arrived at the police station, Milton Ramsey said to investigator Hays 'you didn't have a search warrant and we will fight you on search, and if we don't beat you on the search, you have us dead.' The record shows and it is admitted by the prosecution that the officers did not have a search warrant for the premises or a warrant of arrest for the appellants at the time of the arrest and search.

Following the arrest of appellants and their release on 'high bail', they were again arrested on the charges set forth in information C-8756, filed on February 8, 1957. The record shows in this connection that on January 19, 1957, following a...