Appeals, Nos. 32, 33, and 34, March T., 1962, from judgments of Court of Oyer and Terminer of York County, Oct. T., 1958, Nos. 158, 159, and 160, in case of Commonwealth of Pennsylvania v. Charles Christopher Campbell et al. Judgments of sentence of Campbell and Ensor affirmed; judgment of sentence of Lang affirmed, with direction that record be remanded for correction of sentence to include a minimum; reargument refused December 11, 1961.
Martin Vinikoor, with him Victor Dell'Alba, and Vinikoor and Criden, for appellants.
Frank B. Boyle, District Attorney, with him Jesse L. Crabbs, First Assistant District Attorney, for Commonwealth, appellee.
Before Ervin, Wright, Woodside, Watkins, Montgomery, and Flood, JJ. (rhodes, P.j., absent).
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OPINION BY MONTGOMERY, J.
The three appellants were indicted separately under section 718 of the Act of June 24, 1939, P.L. 872, 18 P.S. 4718, and were convicted on the third count only, of unlawfully, willfully, and feloniously using a certain instrument and means, the nature of which instrument and means was unknown, upon certain women with the intent to procure miscarriage of them.
The Commonwealth presented all of the evidence that was offered in the case. All three defendants elected not to testify nor to offer any other evidence on their behalf.
The Commonwealth's evidence discloses the following factual situation. On the evening of November 21, 1958, the Pennsylvania State Police, armed with a search warrant, stationed themselves near a house located in Heidelberg Township, York County, observing the approach of two cars, whose drivers and passengers entered the house. A few minutes after these people entered the house the State Police entered by using a key which they had previously obtained from the owner of the premises and, upon entering, observed appellant Campbell sitting on a stool beside an operating table and dressed in a white surgical gown and cap, a pair of rubber gloves on his hands, and a surgeon's mask tied around his face.
Appellant Ensor was found removing a white uniform similar to that worn by nurses. Appellant Lang was sitting in an adjoining room in ordinary street
[ 196 Pa. Super. Page 384]
clothes. In the several rooms of the house two women were found in beds, another one sitting on a bed dressed in her slip, and two others fully clad. In the room where appellant Campbell was seated, in addition to the operating table, the officers found various surgical instruments, gauze, drugs, and other medical items.
The two women who were found occupying the beds, and the one in her slip, were taken to the office of Dr. Thomas Hart, where they were examined by him. His examination disclosed evidence of surgical procedure in the region of the reproduction organs of two of the women, Nancy Reese and Elizabeth Troyer, but not on the third girl, Hazel Reed. One of the other women, Barbara Perry, a Commonwealth witness, had consulted Dr. Hart as a private patient sometime previously. Dr. Hart had diagnosed that she was in a pregnant condition, but it was not contended that any abortion had been performed upon her.
Appellants were all interrogated that evening, at which time the appellant Campbell signed a written statement in which he said he had been performing surgical procedures upon women for the purposes of inducing abortion or miscarriage, explaining in detail the occurrences of that particular evening, and that he received a fee of $200 for each operation.
Appellant Ensor, in a verbal statement to the police, said that she was employed by Campbell; that she had training as a practical nurse; that her duties were to administer to the ...