People v. Dargo

SHINN, P. J.

Fridolin J. Dargo was convicted in a jury trial of the offense of grand theft and of second degree burglary. His application for probation was denied, he was sentenced to the state prison, sentences to run concurrently, execution of the sentence was suspended and he was referred to the California Youth Authority, the Youth Authority refused to accept him, and the sentences theretofore imposed were ordered carried into execution. He appeals from the judgments and from an order denying his motion for new trial.

Defendant has been before this court on other occasions.

(In re Dargo,

81 Cal.App.2d 205 [183 P.2d 282];

In re Dargo,

[195]

86 Cal.App.2d 114 [194 P.2d 34].) In Ms extensive briefs he urges 12 grounds for reversal of the judgments. The first to be considered is the claim of insufficiency of the evidence.

On the night of August 4, 1948, some time after 10:30 o’clock, a 1947 Chevrolet convertible automobile was stolen from Joe Dooley’s automobile sales lot at 330 South Vermont Avenue, in Los Angeles. The keys of the automobile, with other keys, were in the drawer of a desk in an office building which had been locked up. Entrance to the office had been made through a rear window, the glass of which was broken and the desks and cabinets had been broken into. Some cigarette lighters and also automobile keys, including the Chevrolet key, had been taken and the Chevrolet had been driven from the lot. Two- days later it was found in the custody of the West Covina Police Department. Donald Gannon, 16 years of age, testified for the People in substance as follows: He knew defendant by sight and met him at Olympic and Bixel about midnight August 4th; defendant was endeavoring to start automobiles on Olympic Boulevard by making connection between ignition wires with a penny; Jack Rector was with Gannon; defendant was alone; defendant asked Gannon if he wished to assist in the theft of a ear and Gannon agreed; defendant broke in the rear window of the Dooley office and the two went inside, ransacked the desks and took the automobile keys and lighters. Gannon identified the lighters shown to him as those that had been stolen. He and defendant took the Chevrolet and started for Riverside, where defendant said they could hide out. On the way they-stopped briefly at the home of a girl friend of defendant; at West Covina they ran out of gas and left the car on the street; they left the igmtion keys in the car but threw away the other keys and two cigarette lighters and hitchhiked back to Los Angeles. Defendant at that time gave Gannon one cigarette lighter. Gannon, at the time of trial, was in a forestry camp at Calabasas where he had been sent for a period of six or nine months as a ward of the juvenile court after he had admitted participation in the thefts. Another witness for the State was JacMe Rector, aged 15. He was acquainted with defendant. He was present at the meeting of Gannon and defendant, the night of August 4th, and heard defendant ask Gannon to go with him to “hot wire” a car; Gannon agreed and the two left. Jack Fornte, aged 14, testified that he was acquainted with defendant, Gannon and Rector; on the afternoon of August 5 he talked