State v. Jaworski.

• Decision Date: 12 November 1943
• Docket Number: No. 5.,5.
• Citation: 34 A.2d 412,131 N.J.L. 30
• Parties: STATE v. JAWORSKI.
• Court: New Jersey Supreme Court

131 N.J.L. 30

34 A.2d 412

STATE

v.JAWORSKI.

No. 5.

Supreme Court of New Jersey.

Nov. 12, 1943.

Error to Court of Quarter Sessions, Essex County.

Helen Jaworski was convicted Under N.J.S.A. 2:105-1 of causing death through abortion, and she brings error.

Affirmed.

October term, 1943, before BROGAN, C. J., and BODINE and COLIE, JJ.

Seymour Klien, of Newark, for plaintiff-in-error.

William A. Wachenfeld, Prosecutor of the Pleas, and Donal C. Fox and C. William Caruso, Asst. Prosecutors, all of Newark, for defendant-in-error.

COLIE, Justice.

Plaintiff-in-error, Helen Jaworski, was indicted for having ‘maliciously and without lawful justification, with intent to cause and procure the miscarriage of Phyllis Sena, a woman then pregnant with child, did use in and upon the said Phyllis Sena divers instruments and means, to the Grand Jury unknown, in consequence whereof the said Phyllis Sena died, contrary to the form of the statute, etc.’ Upon the trial of the indictment, the jury returned a verdict of guilty.

The State's case was largely based upon the testimony of Gerald Sena who testified that because his wife, Phyllis Sena, had not menstruated for three months, a conversation took place during which she showed him a paper on which appeared the name Helen Jaworski and an address. The same evening, December 2nd, Mr. Sena drove to an address as directed by his wife. There he rang the bell, which was answered by Helen Jaworski's daughter. The ensuing conversation had best be related in the words of the witness: ‘I told Mrs. Jaworski that someone had given my wife her address and that she performed abortions, and that my wife wanted her to take care of her. So she told me she couldn't take care of it that night but that I could bring my wife back the following might. I asked her how much the fee would be. She told me $25. I left them. I told her I would be back the following night.’ The next evening the Senas returned and sat down at the dining room table with Mrs. Jaworski. There was some conversation as to Mrs. Sena's condition and about money, resulting in her paying Mrs. Jaworski twenty-five dollars. Thereafter, Mrs. Jaworski asked Mrs. Sena to go into the bathroom where they remained for ten minutes or so when Mrs. Jaworski screamed. The husband ran to the door which was opened by Mrs. Jaworski with one hand while she held Mrs. Sena on the toilet seat with her free hand. Mrs. Sena was semi-conscious and moaning. When Mr. Sena told the plaintiff-in-error to call a doctor, she demurred, saying the ‘if she called a doctor she would get in trouble.’ When a doctor did arrive, Mrs. Sena was in convulsions. He administered a hypodermic to the patient and on his return at two o'clock in the morning, found alongside of the patient a foetus and the usual indicia that one would expect under such circumstances. Mrs. Sena was taken to Newark Memorial Hospital where she died on...