People v. Terrell

• Decision Date: 20 December 1955
• Docket Number: Cr. 5413
• Citation: 138 Cal.App.2d 35,291 P.2d 155
• Court: California Court of Appeals Court of Appeals
• Parties: The PEOPLE of the State of California, Plaintiff and Respondent, v. Romeo R. TERRELL and Joel Carl Arterbury, Defendants, Romeo R. Terrell, Appellant.

Page 155

291 P.2d 155

138 Cal.App.2d 35

The PEOPLE of the State of California, Plaintiff and Respondent, v. Romeo R. TERRELL and Joel Carl Arterbury, Defendants Romeo R. Terrell, Appellant.

Cr. 5413.

District Court of Appeal, Second District, Division 1, California.

Dec. 20, 1955.

Hearing Denied Jan. 18, 1956.

Robert H. Green, Los Angeles, for appellant.

Edmund G. Brown, Atty. Gen., Norman H. Sokolow, Deputy Atty. Gen., for respondent.

WHITE, Presiding Justice.

In an information filed by the District Attorney of Los Angeles County, the above named defendants were charged in two counts with the crime of abortion, Penal Code, sec. 274. Count I alleged that the offense was committed on or about June 18, 1954, and in Count II the offense was alleged to have been committed on or about June 20, 1954. Each count alleged that the defendants provided, supplied, used and employed an instrument and other means upon Maria Larriva with the felonious intent to procure a miscarriage, the use and employment of the instrument and other means not being necessary to preserve her life.

To both counts of the information defendants pleaded not guilty. Defendant Terrell's motion for a separate trial was denied. A trial before a jury resulted in verdicts finding defendants guilty on both counts. Motions for a new trial were denied. Proceedings were suspended and defendant Terrell was granted conditional probation. From the judgment, Penal Code, sec. 1237, and from the order denying his motion for a new trial, defendant Terrell prosecutes this appeal.

While, following a guilty verdict, we are only required to view the evidence in the light most favorable to the prosecution, People v. Silva, 119 Cal.App.2d 421, 422, 259 P.2d 74, in view of the grounds urged for a reversal, we are disposed to present a comprehensive review of the evidence in its entirety. The record reflects that defendant Terrell (hereinafter referred to as appellant) is a licensed chiropractor and maintained an office at 6027 South Broadway, in the city of Los Angeles. Defendant Arterbury was employed at the Douglas Aircraft Company in El Segundo, and was studying to be a chiropractor. Roberto Larriva, husband of the complaining witness, was also employed at the Douglas Aircraft Company.

Mrs. Maria Larriva found herself in what she believed to be a pregnant condition in June, 1954. She had low blood pressure and would feel very weak, dizzy and short of breath. She decided during June to terminate the pregnancy. She discussed with her husband the possibility of terminating the pregnancy, expressing the thought that she could not have any family because of the condition of her health. She decided to have an abortion. On Saturday night, June 12, she went with her husband to an office at 6027 South Broadway, Los Angeles. Appellant asked, 'Are you the couple who was coming here for me to take car- of you?' Mrs. Larriva first saw appellant in a waiting room. He then took her into another room which contained medical tables and instruments. Appellant examined her and took her blood pressure. He said that it was very low, that she was very weak. Mrs. Larriva did not see appellant do any writing. He gave her a hypodermic shot and some pills. He said that he would charge $150 or $190 (she did not recall which). As she and her husband were leaving, appellant asked that they give him half the fee. Mr. Larriva gave appellant a check for $61.63. It was a payroll check from Douglas Aircraft Company. Mr. Larriva asked appellant for a receipt but appellant said he could not give a receipt for this kind of case, that he never gave receipts to his patients. There was a discussion about returning the following Friday. Appellant said that by then Mrs. Larriva's blood pressure would be higher so that he could operate upon her. He told her to take a pill every three hours for a week.

As Mrs. Larriva and her husband arrived home, she changed her mind and decided to go ahead and have the baby. She visited Dr. Sanchez June 17th. Actually, her family doctor was Dr. Villarreal. She had gone to the latter's office, but found he was not there. She told Dr. Sanchez she was pregnant and he gave her some vitamin pills for her headache. (She had stopped using the ones appellant gave her.) Mrs. Larriva was still in a state of mind where she was going to go ahead and have the baby. She had the same state of mind the following morning, Friday, June 18. During the day, defendant Arterbury telephoned and Mr. Larriva talked to him. Mrs. Larriva overheard her husband say that everything was all right and that he did not want Mrs. Larriva treated any more. Then Mr. Larriva hung up. This call was between 12:00 noon and 1:00 p. m. At about 3:00 p. m., Mr. Larriva left for work. Mrs. Larriva was still in the same state of mind to go ahead and have the baby. At about 6:00 p. m., Arterbury telephoned, and Mrs. Larriva talked to him. He asked Mrs. Larriva what was the matter, why she was not coming in. She told him that she was afraid, that she was not going to go to the office any more. He told her to come on in, stating that nothing would happen to her and promising her that it would only be a slight pain. She came to the decision, after the telephone call from Arterbury, that she would terminate the pregnancy. The only thing which changed her mind was this telephone call.

Mrs. Larriva returned to the office in question at about 7:00 p. m., June 18. She went for the purpose of having an abortion. As she entered she saw appellant and Arterbury. They took her to the room where appellant had previously taken her blood pressure. She removed her skirt and underclothing, and was directed to get on a table. She did so, lying on her back and placing her feet in stirrups. Arterbury was standing at her feet and appellant was at the door. Just before she got on the table, Arterbury took her blood pressure. He and appellant looked at each other. Arterbury then said it was all right and directed her to lie down. Arterbury placed a speculum into her private parts. Appellants told her nothing would happen to her. Both appellant and Arterbury told her not to be afraid. Arterbury also inserted a catheter. During the period of its insertion, appellant would say that it was too far in, that it should be a little farther out. At one time, Arterbury mentioned the word 'abortion' to Mrs. Larriva, stating that at first she would have some pains and then some bleeding. After the catheter was inserted, Arterbury gave Mrs. Larriva two shots. During this period, appellant would come in and out of the room. Arterbuty placed what appeared to be gauze in Mrs. Larriva's privates. Appellant was present at the time and would say, 'A little more'. After the packing was completed, both Arterbury and appellant told Mrs. Larriva that she was all right, that she should not be afraid, that nothing would happen to her. Arterbury asked Mrs. Larriva how she was going to leave. She said she would leave in a cab. Arterbury said no. Presently, both Arterbury and appellant told Mrs. Larriva that they had telephoned her husband and that he would come to pick up so that she would not be afraid. At one time, Arterbury spoke about being paid. Mrs. Larriva told both Arterbury and appellant that she would not pay a cent until she was well. While they were waiting for Mrs. Larriva's husband to arrive, Arterbury told her that the catheter would come out in 24 hours.

Mr. Larriva arrived at the office at about 10:00 p. m. He and Mrs. Larriva left, returning home at about 10:30 p. m. The catheter came out at about 1:00 a. m. Mrs. Larriva was experiencing dizziness. On Saturday, June 19, Mrs. Larriva felt very nervous and experienced some dizziness. She remained in bed. She telephoned Arterbury on Sunday, June 20, and told him that she was feeling pretty badly and that there was no bleeding. Arterbury asked her to wait until Monday. She said she could not wait that long and that she was going to contact her own physician. Arterbury told her not to do that and said that he would expect her that evening at 7:00 p. m.

The Larrivas returned to the same office that evening at about 6:30 p. m. Both appellant and Arterbury were there. They both told Mrs. Larriva not to be afraid, that nothing was going to happen to her. They took her into the same room as before. She was placed on the table and put her feet in the stirrups. Appellant and Arterbury had her there for an hour and a half. Arterbury again inserted the speculum into Mrs. Larriva's privates. He also inserted a catheter. Appellant was present during the time that Arterbury was making the insertions. He would tell Mrs. Larriva not to be afraid. After the catheter was inserted, Arterbury inserted some gauze. Appellant told Arterbury to put in more gauze.

Before Mrs. Larriva left, Arterbury told her that the catheter would be expelled the following day and that she should call them. Appellant was present at the time. Arterbury asked when the Larrivas were going to pay them. Mr. Larriva told appellant and Arterbury not to worry about the money, to keep in mind that Mrs. Larriva's health was foremost. After Mrs. Larriva and her husband returned home, she went to bed and stayed in bed the following day, Monday. Somewhere around 1:00 p. m. she went to the kitchen to try to eat something. She had not eaten in three days. She had opened the ice box when she became very ill. Everything went dark. She yelled for her husband, then she fell and lost consciousness. When she awoke, she found she was at the General Hospital. She remained there 10 days. Her menstrual periods resumed two months after she returned home. She was no longer pregnant because she was operated on at the hospital.

Robert Larriva, the husband of the complainant, testified he was employed during the month of June, 1954, at the Douglas Aircraft plant in El Segundo. Defendant Arterbury was also employed there in the same department....