People v. Reed, Cr. 5130
| Decision Date | 03 November 1954 |
| Docket Number | Cr. 5130 |
| Citation | 275 P.2d 633,128 Cal.App.2d 499 |
| Court | California Court of Appeals Court of Appeals |
| Parties | The PEOPLE of the State of California, Plaintiff and Respondent, v. Ralph Russell REED, Defendant and Appellant. |
Wallace E. Wolfe, Jr., Percy V. Hammon, Los Angeles, for appellant.
Edmund G. Brown, Atty. Gen., Martin M. Ostrow, Deputy Atty. Gen., for respondent.
Defendant, Dr. Ralph Russell Reed, was convicted by a jury of one count of abortion and one count of attempted abortion. Proceedings were suspended, and he was granted five years probation, with the first year in the county jail. He appeals on both counts. He also appeals from an order denying his motion for a new trial.
In view of differences in the facts, the evidence as to each count will have to be stated separately.
As to the first count, the evidence is that a man and his wife went to defendant's office. The wife told the doctor she thought she was pregnant, and could he give her some medicine, or something that would make her have her period. The doctor said 'she was too healthy for something like that,' but that he would take care of her.
The wife then went into another room in the doctor's suite, and got upon a table. There defendant inserted an instrument into her private parts. This instrument caused so much pain that she cried out, and asked the doctor to stop. But he went ahead anyway. The husband paid defendant $20, and the couple left.
About two weeks later, the wife had to go to a hospital. She was in pain and was hemorrhaging. She remained in the hospital for about two weeks. Her trouble was diagnosed as ectopic pregnancy, for which surgery was performed. Ectopic pregnancy is a pregnancy in the tube leading to the uterus. 'It is an impossible condition, it is an emergency condition,' requiring surgery and correction.
In a statement made to the arresting officers, defendant admitted that he was paid $20 for his services in performing an abortion on this woman.
The evidence as to the second count was that a policeman and a policewoman went to defendant's office, pursuant to an appointment made by defendant with the policewoman. The officers represented themselves to be man and wife. The policewoman had given the doctor a fictitious name in arranging for the appointment.
The policewoman testified that she told defendant at his office that she was pregnant, and that she desired to have defendant perform an abortion upon her. The policeman was there at the time. The three discussed a fee and agreed upon $100.
The officers went with defendant into his operating room. There the policeman paid defendant $80, and left the room. Defendant then told the woman to get onto the operating table; that he was going to dilate her uterus and scrape her. Defendant took a weighted speculum from a sterilizer tray, and ran cold water over it. Then defendant took the speculum in his hands. Before the woman got onto the table, the policeman came back into the room, with his sergeant, and arrested defendant.
In his statement made to the officers after his arrest, defendant said that he had agreed to terminate the policewoman's 'pregnancy;' that when she was in his operating room he was 'getting ready.'
Defendant argues that the evidence was insufficient to sustain the verdict as to both counts; that the testimony of both women was not corroborated to the extent required by Section 1108 of the Penal Code; that there was not sufficient proof that a public offense had been committed to warrant admission of defendant's statements; and that it was error for the court: (a) to refuse to instruct the jury as to the law of entrapment, (b) to refuse an instruction defining the essential elements of the crime of abortion, and (c) to give an instruction that it was not a defense to a charge of abortion, or attempted abortion, that the woman was not in fact pregnant, or that no miscarriage was in fact produced.
So far as the first count is concerned, there is no merit to any of defendant's contentions. Indeed, it would be hard to find a case with more complete proof of the crime of abortion. The abortee said she felt the instrument used by defendant on her person. Arrangements...
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