People v. Lafka

BRAY, P. J.

Defendant appeals from a judgment of conviction after jury verdict, of two felonies, violations of section 487, Penal Code (1) theft of a diamond ring valued in excess of $200, and (2) theft of money in excess of $200.

Questions Presented

1. Sufficiency of evidence.

2. Corroboration of prosecuting witness.

1.

Evidence

Defendant contends that the money was an outright loan by the complaining witness to him and the ring was given for the purpose of sale, the proceeds to be a similar loan to him, all for the purpose of enabling him to finance the purchase of a bar business. The prosecution contends that defendant obtained the money and ring by trick and device and fraudulent

[314]

representation, as defendant had no intention of purchasing a bar business.

The complaining witness, Alice, met defendant in March, 1957, while both were working at a hotel. In July she started seeing him socially. After about two weeks defendant proposed marriage. The same night after saying that as they were going to get married and that everything that was his was hers, he asked her for money to go to Washington on a business deal. She gave him $300. A few days later at his request she gave him $500 more for the same trip. On August 12 she loaned him $900 in order for him to obtain a license for a bar and a lease at Bush Street and Grant Avenue. August 16, she loaned him $450 for fixtures and supplies. September 3, she loaned him $325 for a license from the Board of Equalization. September 10, she loaned him an additional $300 for the bar. These loans were to be repaid after the first of the year. When Alice informed defendant that was all the money she had, he began to admire her ring, which had cost her $290 in 1940. He told her that he could get some money for it. Defendant promised to return the ring in a week, saying that he intended to use the money from pawning it for the bar. Stating that it was necessary in order for him to be able to pawn the ring, he produced from his pocket a paper which he asked her to sign. It stated: “This is to inform anyone concerned that I have authorized J. Lafka to make a loan on this ring, and to use said monies for himself as he sees fit.” Alice stated, “It isn’t saying that you are using it for the bar.” He again reassured her it was for the bar, that he would return the ring in a week, and that he .had to word the paper that way in order to pawn the ring. Alice then signed the note and gave him the ring. Alice took a trip to Portland and was met by defendant upon her return. Thereafter he no longer visited her or talked of marriage. She called him and inquired about the ring. Toward the end of October as defendant refused to keep his promise of returning the ring, she consulted the district attorney. Alice testified that she would not have loaned defendant the money if it was not to be used for the purposes defendant described. Defendant did not testify.