People v. Broes

SHINN, P. J.

In a jury trial Frank Broes, Sr., was convicted of two offenses of grand theft in the taking from Francis L. Jones of- currency over the value of $200 and from Willard L. Russell'of currency of the value of over $200. He made a motion for new trial which was denied and he was placed on probation, the terms to run concurrently.- He appeals from the judgment and the order denying his motion for new trial. The grounds of the appeal are insufficiency of the,evidence and error in the giving and refusal of instructions.

The factual situation out of which the transactions in question arose may be outlined as follows: There was a corporation known as North Palm Springs Development Company of which Broes was president and one Frank Warner, an architect, was vice-president. Russell and Jones were

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electrical contractors. Broes interested, them in a proposed venture to build a large number of residences on land which he claimed belonged to the corporation, the' suggestion being that Russell and Jones would do the electrical work". Nothing came of this. About August 28, 1953, Russell and Jones were informed by "Broes that the corporation was about to buy property at Western Avenue and Venice Boulevard in Los Angeles and to develop thereon a business "center. He represented that leases had been, signed and others were being signed for occupancy of structures' to be built on the property. He represented that $10,000 was needed to close the sale and he induced Russell and Jones to part with $2,500 each upon an understanding expressed in a letter given to each of them.

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When these letters were received by Russell and Jones they bore the signatures of Broes and an attorney named Robinson who was acting for Broes. Russell and Jones each signed the letter he received and each gave Mr. Robinson $1,500 in cash and a cheek for $1,000 signed by R. & J. Electrical Contractors and payable to the corporation. Robinson turned over to Broes the two checks and $3,000 in cash for which Broes signed a receipt stating that he would put the money in an escrow as soon as it was opened. August 31, 1953, preliminary steps were taken for the opening of an escrow with Union Bank and Trust Company between the corporation and the owner of the Los Angeles property, Wes]; Coast University; although escrow instructions were prepared they were not executed and no funds were deposited., September 1, a commercial account was opened with Union Bank in the name of the corporation with a deposit of $5,000. No agreement was ever