People v. Stanhope

WHITE, J.

Defendant was charged in an information with the crime of grand theft for the unlawful taking of $250, the property of a Mrs. Barlow, to which accusation he entered a plea of not guilty, was tried before a jury, and convicted of the lesser offense of petty theft. His motion for a new trial having been denied and probation granted, the defendant appeals from the order denying him a new trial.

Stating the evidence most favorable to the prosecution, as we are required to do following a guilty verdict, we find in the record the following: For several months prior to May 30, 1939, the date of the alleged theft, defendant had resided at the rooming house of Mrs. Barlow, the complaining witness, in the city of Pasadena. According to the testimony of the complaining witness, on the morning of May 30th, at about 11 o’clock, she gave to defendant $250 in cash and a check for $142.46 to be deposited in the bank. Earlier that

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morning the complaining witness had engaged in a conversation with defendant in which he asked for the use of her car to go to Hollywood, which she granted on condition he return the car by 6 or 6:30 that evening, and in which conversation she also asked him if he would make a bank deposit for her while he was out, which he said he would. Defendant returned from Hollywood about 8:30 in the evening and drove Mrs. Barlow to Monrovia to see a Mrs. Tinsley, bringing her back a little after 9. At about 10 o’clock Mrs. Barlow went to defendant’s room and knocked on the door, but defendant was not there. On the following morning Mrs. Barlow received a telephone call from defendant, who said that he was in Los Angeles; that he wanted her to go away, and he would like to have a vacation; that he would like her to have a vacation; that he had her money and wanted to use it for a week. Mrs. Barlow testified she said she could not do that; that she needed the money to pay her bills, whereupon appellant replied that he would call back at 5 in the afternoon and tell her where to get the money; that he was not coming back to Pasadena. Mrs. Barlow then telephoned a Mr. Van Huel, a friend of defendant, and went to Santa Monica, where she met Mr. Van Huel and defendant on the pier, and demanded her money. Defendant said he would not settle in the presence of Mr. Van Huel, and at defendant’s suggestion he and Mrs. Barlow drove away, and while driving the defendant said he had the money in Los Angeles in his room and it would take quite a while to get it; that he expected to have a “good day” on the gambling boat; that he did not have her money with him; and if the witness would go back with him then when he got off the boat he would get the money and bring it to the witness. The defendant then got out of the car and the witness did not see him again until he was brought into court.