People v. Crenshaw

WARD, J.

Defendant appeals from a judgment entered upon a verdict of guilty of grand theft, and from an order denying a motion for a new trial. The information charged the theft of $80, more or less, a wrist watch, a hat and an overcoat from the person of John Dee Doster. It also charged two prior convictions of larceny in other states.

From the evidence it appears that Doster, a shipyard worker, and the defendant, who was employed by a contractor, met at a café where they both worked on off hours. On the date of the offense Doster, who had worked on the

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“graveyard shift,” proceeded to the dormitory where he and defendant both lived, and he was there joined by the latter, who proposed that they visit a nearby city. Doster did not attempt to obtain any sleep after coming off shift, and both men had several drinks of beer and whisky as they went from place to place during the morning and afternoon, Doster paying for the refreshment in the presence of defendant with money from his wallet, which at the time contained about $84. Toward evening Doster accompanied the defendant to the home of a friend of the latter. Doster testified that he observed the time of their visit by his wrist watch, which he was wearing. Other witnesses also testified that they saw the watch on Doster’s wrist. Doster’s hat and overcoat were removed with the assistance of defendant, and he fell asleep shortly thereafter on a couch in the living room. He was awakened by defendant’s hand in his pocket and testified that “he [the defendant] had taken the pocketbook away from me.” A scuffle ensued, which was joined in by a third man who had accompanied Doster and defendant to the friend’s home, and the wallet was eventually found on the floor or on the couch, “but there wasn’t anything in it.” During the melee Doster obtained the pocketbook of the third man, which contained some money, and, with the assistance of still another man, he left the premises and proceeded to a drug store, from which he called the police and delivered the wallet to them. He tried to direct the officers to the house where the events narrated occurred but was unable to locate it. In the meantime defendant left the friend’s home, taking with him the complainant’s hat and overcoat. When arrested the next evening he was wearing Doster’s wrist watch.

It is the contention of appellant, appearing in propria persona, that the evidence of the prosecuting witness is so contradictory as to amount to practically no evidence at all, and that the verdict is contrary to law for the reason that in a conviction of grand theft the evidence must show that the property was attached to the person or was in his physical possession unless its value was in excess of $200.