People v. Stoddard

MOORE, P. J.

Defendant appeals from judgments convicting him of receiving stolen property and from an order denying his motion for a new trial. The basis of his appeal is that since the evidence proved his guilty participation in the thefts, he could not be guilty of receiving what he had stolen.

He was accused of three separate felonies, each of which is receiving property known by him to have been stolen from three separate parties. He was convicted by the jury on all counts. He was sentenced to the state prison for the term prescribed by law, the sentences to run consecutively. After hearing, his motion for a new trial was denied.

The record discloses that one Donald Stewart in association with Dave Boyle, Bob Jetton, Gordon Foster, George Davis, Max Ferguson and Johnny Gunnals, on or about March 10, and divers dates prior thereto, was engaged in the business of stripping automobiles of their tires, wheels, radios, tools and other accessories. They participated in some 600 such transactions. During the course of their enterprise, they arranged with defendant to sell for them all of the goods so stolen. Pursuant to such arrangement, many parts of automobiles and accessories were received by defendant from Stewart and his accomplices and sold by

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defendant for the benefit of all parties concerned. They took from the Ford coupé of Mr. Lamb tires and wheels (count 1). They took from the Pontiac of Mr. Feher tires and wheels (count 2); they took from the Ford coupé of Mr. Winched electrical carpentry equipment. Some of the stolen goods were stored by them in a garage on Main Street in the city of Los Angeles for the purpose of concealing their stolen goods. Other parts were concealed in a shack on Western Avenue. Stewart and associates conferred with defendant about March 10, 1941, for the first time. At that time defendant promised Stewart that he would take over any tires, wheels, radios, fog lights and other stolen parts; that he “would try to get rid of it for us”; that he would pay $7 for each radio; that appellant would give Stewart and his associates orders to fill, designating sizes he wanted and that defendant would pay them $5 for each wheel, tire or fog lamp, reserving $1 thereof for himself. The tires taken from Mr. Lamb’s coupé with other equipment were stored in the Main Street garage from which they were delivered to defendant. In a conversation relative to the last mentioned merchandise, defendant told his confederates that he would try to sell it for them. In order to make delivery of those items to defendant, the latter procured the use of a De Soto automobile with which Stewart and associates transported the goods from the garage to defendant. With reference to the equipment taken from the Winchell car, defendant promised that he would dispose of it for Stewart and associates. They put the tools in Gunnal’s car from which they removed them to the De Soto which defendant drove away.