People v. Gatlin

MoCOMB, 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 an order denying his motion for a new trial.

The evidence being viewed in the light most favorable to

[289]

the People (respondent), and pursuant to the rules set forth in

People

v.

Pianezzi,

42 Cal.App.2d 265, 269 [108 P.2d 732], the essential facts are:

At about noon on September 19, 1945, the complaining witness, Mr. Gabriel, cashed two liberty bonds and two pay checks at the Security First National Bank in San Pedro. He then started toward the postoffice and at the intersection of Seventh and Pacific Streets he met a brown skinned man, hereinafter referred to as “B.S.M.” This man engaged Mr. Gabriel in conversation. At the same time he noticed defendant standing near by. B.S.M. had what appeared to be $8,000. He seemed to be ignorant and illiterate and also acted as though he were drunk. While Mr. Gabriel was talking to him, defendant walked by and B.S.M. called to him, “Hey, you, come here,” whereupon defendant joined the group. In the ensuing conversation defendant told B.S.M. not to exhibit his money on the street. As Mr. Gabriel walked toward the postoffice the two men accompanied him. They talked about money and women. When they reached a point about the middle of the south side of Seventh Street between Grand and Pacific Streets, B.S.M. asked the complaining witness to hold his money and when Mr. Gabriel told him to put the money in the bank, B.S.M. stated that he wished to store the money for only two or three days. Thereupon he offered to give Mr. Gabriel $1,000 if he would hold his money for three or four days and added “to prove your good faith, have you got

$10001

” to which Mr. Gabriel gave an affirmative answer. B.S.M. then said, “You draw that $1000 and put it with mine and take it all home and keep it until I call for it. ’ ’ At first Mr. Gabriel refused to draw any of his own money out of the bank but said he would hold the $8,000 for B.S.M. to whom he would give his address. Thereafter defendant persuaded Mr. Gabriel to draw his own money from the bank saying, “I don’t know if he is half crazy or drunk, but he has got about $8000 on him. Why don’t you keep it?” When Mr. Gabriel stated his intention to leave, defendant said, “Wait a minute, don’t leave,” and urged Mr. Gabriel as follows: