People v. Mainhurst

McCOMB, J.

From a judgment of guilty of grand theft, after trial before the court without a jury, defendant appeals.

There is also an appeal from the order denying his motion for a new trial.

The evidence being viewed in the light most favorable to the People (respondent), the essential facts are:

On November 23, 1943, Mr. Karsh left his Cadillac sedan in front of 1388 West Washington Boulevard, Los Angeles. When he came out of the building he discovered that his automobile was gone. About fifteen minutes later he located his automobile at Twenty-fourth and Hoover Streets. There was no one in the car, but he saw defendant and another man walking away from his automobile. Mr. Karsh and his brother-in-law ran after defendant and his companion and when they caught up with them Mr. Karsh’s brother-in-law said, “What is the idea of taking the car?”, whereupon defendant’s companion hit him in the mouth and a fight ensued. After the fight defendant and his associate fled. Shortly thereafter defendant and his companion were arrested in a garage in the rear of 2355 Scarff Street. When arrested defendant gave the name of “Richard Bailey.” Defendant had his hat and coat off and when asked by the officer if he cared to put them on, he replied, “I might as well.”

On November 24, 1943, defendant after being asked by Mr. Rombeau to tell exactly what happened, made the following statement in substance; that he (defendant) had purchased a .45 automatic at Tijuana about three months before, and that on November 23,' 1943, he and a Mr. Booth had planned to go out and steal a car; that in driving around the vicinity of 1388 West Washington Boulevard they noticed Mr. Karsh’s Cadillac sedan with the keys in it; that he got out of his own car and drove the Cadillac sedan to the vicinity of Twenty-fourth and Hoover Streets; that they planned to rob some person, and he had accordingly left the Cadillac sedan near the curb where they could get away in it; that as he and his companion were walking away from the car.

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two men came up and started to grab them; that his companion hit one of the men, after which they pan into a garage, took off their hats and coats and hid the .45 revolver under the floor in the garage.

Defendant relies for reversal of the judgment on two propositions which will be stated and answered hereunder seriatim: