People v. Hunter

MUSSELL, J.

Defendant was charged with violation of section 484 of the Penal Code (grand theft) in that on or about March 18, 1956, in Riverside County, he did wilfully and unlawfully take a 1949 Lincoln automobile, the property of J. G. Anderson. At his arraignment in the superior court, defendant’s counsel, after a discussion with the defendant, made the following statement:

“Tour Honor, in this matter I represented the defendant at the preliminary hearing and I discussed this matter with the District Attorney and at this time the defendant will enter a plea of not guilty, and we will waive a jury trial and stipulate that the evidence produced at the preliminary hearing can be heard by this court as if on a trial, and submit it to the court on that basis.”

[474]

The deputy district attorney, then present, stated that the statement made by counsel for defendant was agreeable and the matter was then submitted to the court. Defendant was found guilty as charged in the information and, after the report of the probation officer had been read and considered by the court, the defendant was sentenced to the state prison for the term prescribed by law.

It appears from the record of the preliminary examination that the defendant was employed by the Massey Rock and Sand Company of Indio. Mr. J. G. Anderson, superintendent of the company, owned a 1949 Lincoln automobile, registered in his wife’s name, and some time in March, 1956, Anderson endeavored to sell the car to the defendant. Anderson testified:

“He, I think Mr. Cook, one of the boys that work fór us told me Hunter wanted a car, I believe he brought him over to the house or sent him over to the house. I told him I hadn’t drove the car for a year, didn’t know what shape it was in, I would let him take it and try it out and we would make some kind of deal, I let him take the car from the house to try it.”

Anderson further testified that the car had 1955 plates and he expected the defendant to take out insurance on it and get current plates; that three or four days later he had a conversation with the defendant, as follows: “I just asked what he thought of the car, he said he thought if it was fixed up it would be a pretty good car; I asked if he wanted to buy it, said he did. Said he didn’t have much money, I said anything agreed to would be all right with me—long as he was working twenty-five dollars ($25.00) a week payments. I told him to come on over and we would draw up the papers and have it transferred to his name and . . .”; that the defendant did not come over to draw up the papers and within a day or two defendant left his employment at the rock and sand company; that he saw the defendant the next day and told him to go to Garnet at 7 or 7:30 in the morning; that he (Anderson) would be there; that he was late and did not go to Garnet until about 9 or 10 o’clock a. m. and the defendant had left; that he met the defendant coming back from Garnet in the Lincoln automobile; that he did not see the defendant after that until he appeared in court and he had not seen his Lincoln; that he heard that the defendant had left town and he reported the matter to the police; that he looked around for his car, went to the defendant’s residence,