Hickok

Defendant was charged by information with violating section 274 of the Penal Code by operating upon the person of Bertha Casteel for the purpose of procuring an abortion. He was tried and convicted, and this appeal is from the judgment and from an order denying his motion for a new trial.

The complaining witness, Bertha Casteel, testified that she was a married woman and the mother of two young children; that during the month of August, 1920, she visited the office of the defendant in San Francisco, desiring to be relieved of a condition of pregnancy. There she met the defendant and Dr. Rheinhart Allen, who placed her upon an operating-table, and, after an examination, confirmed the fact of pregnancy dating from about three months, and informed her she would have to go to a hospital; that an operation would cost fifty dollars, with hospital charges at the rate of five dollars per day. She left the office to arrange to procure the necessary funds, returning the next day, when the defendant and his associate again placed her upon an operating-table and inserted some gauze in her womb. She was thereafter taken, in the defendant’s automobile, driven by the defendant’s chauffeur,…