People v. Van Scoyoc

California Court of Appeal Mar 18, 1938 No. Crim. 3040Published

Before: Doran

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Holding. The court held that although the trial court erred in admitting testimony regarding the non-payment of the check, the error was harmless because the corpus delicti was established and the remaining evidence was sufficient to support the convictions.

Issues

Whether the trial court erred in admitting testimony that the check was not honored.
Whether the trial court erred in admitting testimony regarding the results of a search of bank directories.
Whether the trial court erred in admitting the check into evidence.
Whether the evidence was sufficient to support the convictions for grand theft and forgery.

Disposition. affirmed

Quotations verified verbatim against the opinion

“The objection was well-founded and should have been sustained. It does not follow, however, that such error warrants a reversal of the judgment.”

“The corpus delicti as to each offense having been established, the evidence of the facts and circumstances surrounding the commission of such offenses, together with the evidence of defendant’s confession, was abundantly sufficient to support the judgment.”

DORAN, J.

Defendant, who was charged in an information with the offenses of grand theft and forgery, was found guilty of both offenses by the court, sitting without a jury. The appeal herein is from the judgment and from an order denying a motion for a new trial.

Briefly, the facts are as follows: On May 13, 1936, defendant appeared at the office of a company in Pasadena en

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gaged in the business of renting automobiles by the day. After inquiring of the manager thereof as to the cost of renting an automobile for one day, defendant produced a “Cashier’s Cheek” drawn on the First National Bank of Manhattan, Manhattan, Kansas, signed William Ryan, Assistant Cashier, and made payable to the order of “Burton Marion Rodgers” in the sum of $25. Defendant asked if the cheek would be accepted as a deposit, and, upon being informed that it would be accepted if endorsed, defendant endorsed it as “Burton Marion Rodgers”. Defendant stated that he wanted the car for one day. A contract was then executed between the rental company and defendant, and the latter departed in a rented car, which was a Ford Sedan bearing a 1936 California License, No. 7 P 1336.

The “Cashier's Check” was held in the office of the company until the following day, and, as the car had not been returned at that time, the check was brought to the police department. It was later deposited with the First Trust & Savings Bank, in Pasadena, forwarded for collection, and was returned unpaid. About two months later defendant was located in Chattanooga, Tennessee, from which place he was returned to this state. The arresting officer testified that while he was in Chattanooga, he saw a Ford Sedan bearing a 1936 California license, No. 7 P 1336, in a garage used by the Chattanooga police department for impounding automobiles.

Mr. R. H. Whitehouse, manager of the First Trust & Savings Bank, in Pasadena, testified that he had made a search of certain bank directories for the year 1936, and that his search disclosed that there wás a bank known as the First National Bank of Manhattan, Kansas, but that the directories, which listed the officers and assistant cashiers of that bank, did not list or disclose an assistant cashier by the name of William Ryan.

People v. Van Scoyoc

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DORAN, J.

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