State v. MacLeod

• Decision Date: 16 February 1914
• Citation: 78 Wash. 175,138 P. 648
• Parties: STATE v. MacLEOD.
• Court: Washington Supreme Court

138 P. 648

78 Wash. 175

STATE v. MacLEOD.

Supreme Court of Washington

February 16, 1914

Department 1. Appeal from Superior Court, Spokane County; E. H Sullivan, Judge.

E. E MacLeod was convicted of manslaughter, and he appeals. Affirmed.

W. B. Ridle and John T. Mulligan, both of Spokane for appellant.

Geo. H Crandall, F. M. Goodwin, and Thomas, J. Corkery, all of Spokane, for the State.

MAIN J.

By information the defendant was charged with the crime of manslaughter. The facts, so far as necessary to recite them, as shown by the state's evidence, are substantially as follows: On September 12, 1912, Annie Stanley, a married woman, believing that she was then in a pregnant condition, requested one Hattie Lamb to accompany her to the office of the defendant. These young women were employed in the same household, Mrs. Stanley as cook, and Miss Lamb as second maid. On this day they went to the office of the defendant, a practicing physician, where, as Miss Lamb testifies, medicine was prescribed for and an operation performed upon Mrs. Stanley, and that she was present at the time. On the day following, at about the hour of 8 o'clock p. m., pursuant to an appointment which had been made on the previous day, they returned to the office. At this time the door to the reception room was locked. Thereupon they opened the door of the private office and discovered the defendant lying upon the floor in an intoxicated condition. Some one was in the office with the doctor at the time. A few minutes later they again entered the office and found the doctor lying upon a couch. He then talked to Mrs. Stanley as to her condition and gave directions as to further treatment. On the afternoon of September 14th, the two women again went to the office of the defendant, and, as testified to by Miss Lamb, they then asked him as to his condition as to sobriety, and he assured them that he was then entirely sober. On this occasion the defendant again prescribed for Mrs. Stanley and performed an operation upon her. The day following, or Sunday, Mrs. Stanley became very ill. The defendant was sent for about noon. He visited her, but gave no further treatment. The lady for whom the girls worked testified as to his apparent condition on the occasion of this visit. Later during the same day another physician was called, and, at his direction, Mrs. Stanley on the following morning was taken to the hospital. Her illness continued, and on September 26, 1912, she died. There was evidence that the medicines prescribed and the operations performed were for the purpose of producing an abortion, and that such medicines and operations would and did produce that result. The defendant did not see Mrs. Stanley after his visit on Sunday, September 16th. He admitted performing the operation on the 14th, but denied that it was for the purpose of producing an abortion. He contradicted the evidence as to his intoxication. On October 8, 1912, an information charging the defendant with the crime of manslaughter was filed, and a copy thereof was served upon his attorney. The charging part of the information is as follows: 'That the said defendant, E. E. MacLeod, on the 12th day of September, 1912, in the county of Spokane, and state of Washington, did then and there unlawfully, willfully, and feloniously advise a woman, to wit, Annie Stanley, to take certain medicine, and did use and employ an instrument on the person of the said Annie Stanley; and did thereafter, to wit, on the 14th day of September, 1912, in said county and state, unlawfully, willfully, and feloniously supply medicine to the saie Annie Stanley; and again did use an instrument on the person of the said Annie Stanley; all of which acts done by the defendant as aforesaid were done with the intent thereby to procure the miscarriage of the said Annie Stanley, and each and all of said acts were then and there unnecessary to preserve her life; and as the result of the said use of such medicine and the said use of the said instrument on the two dates set forth, the said Annie Stanley, on the 26th day of September, 1912, in the county of Spokane and state of Washington, died.' On the 11th day of October, 1912, the cause was tried and a verdict of guilty returned. On October 22d the defendant was sentenced to from 10 to 20 years in the state penitentiary at Walla Walla. From the judgment and sentence the appeal is prosecuted.

Error is sought to be predicated upon the fact that the witnesses for the state were permitted to testify relative to the defendant's condition as to intoxication. This evidence was confined to the specific times and places concerned directly in the treatments and operations. There was no attempt to show general reputation as to drunkenness. The only reference to such reputation is found in the objection made by counsel for the defense to proof of the defendant's condition at the specific times mentioned. It may be...