People v. Thompson

MARKS, J.

This is an appeal from a judgment pronounced upon defendant after a jury had found him guilty of grand theft, and from an order denying his motion for new trial.

On Sunday, November 22, 1936, defendant, by means of fraudulent representations and under the name of Lloyd E. Ingrim, obtained an automobile from Herring & Kieffer of Fresno. On the evening of November 26, 1936, the automobile was wrecked on the streets of Fresno. Defendant was arrested the same evening.

Defendant is appearing

in propria, persona.

While his brief is most informal and does not conform to the rules of court, we have studied the entire record and have given it careful consideration.

Defendant makes several specifications of error which may be considered under the contention that the evidence is insufficient to support the judgment and verdict.

There were admitted in evidence a conditional sales contract and other written documents which bore the signature Lloyd E. Ingrim or L. E. Ingrim. There was ho evidence that defendant signed any of these documents, ever saw them, had' knowledge of the contents of any of them, or had ever heard of them prior to his preliminary examination. Nevertheless, they were read to the jury. It is so obvious that they were inadmissible and that defendant’s frequent objections to their admission in evidence should have been sustained that it would seem unnecessary to amplify the reasons or cite authorities in support of this conclusion. Other incompetent evidence was also admitted. In our summary of the facts we will detail only those which we believe are supported by competent evidence.

[341]

Defendant came to the salesroom of Herring & Kieffer about noon on November 22, 1936. He looked at automobiles on display and was engaged in conversation by a salesman. He gave his name as Lloyd E. Ingrim, said he was living on a farm near Riverdale and wanted to purchase an automobile ; that he had sold some cattle and would receive payment for them the following day. He gave two references and finally decided on the purchase of an automobile costing in excess of $1500. The sales manager called up one of the references and approved the sale. Defendant left a check or checks and drove the automobile away from the salesroom. The next morning John Herring, one of the owners of the automobile sales agency, found two checks at the place of business. One was for $500 signed by Lloyd E. Ingrim and was drawn on the Hanford Branch of the Bank of America. He took the check to the bank and attempted to cash it. Payment was refused because Ingrim had no account in the bank. A bank employee testified that he searched the bank records and found no account in the name of Ingrim. The other check was postdated. It was drawn on another bank and was not paid on presentation.