People v. Ahouse

SHINN, P. J.

Rose May Ahouse was charged with the crime of petty theft with a prior conviction of petty theft in the Municipal Court of Beverly Hills, Los Angeles County. It Was alleged in the information that she had previously been convicted of a felony in the Court of Quarter Sessions of the State of New Jersey in and for the County of Passaic and had served a term of imprisonment therefor in a state prison. She admitted the former felony conviction and that she had served a term in the state prison therefor. In a jury trial a verdict was returned, reading “We, the Jury in the above entitled action, find the Defendant guilty of Petty theft with prior conviction of petty theft, a felony, as charged in the information.” Defendant’s application for probation was denied and she was sentenced for the crime of petty theft with the prior conviction of petty theft, having previously suffered the conviction of felony. She appeals from the judgment and from an order denying her motion for a new trial.

Upon the appeal it is contended (1) that the verdict of the jury was defective in that it failed to find specifically as to the prior conviction of petty theft; (2) there was insufficient evidence to establish the prior conviction, and (3) the district attorney was guilty of misconduct.

The evidence pertaining to the former conviction of petty theft consisted of the testimony of Harry Duncan, a deputy sheriff, and of Earl Soverns, an expert in the rolling and comparison of fingerprints. The People introduced a card as their Exhibit Number 1 for identification and exhibited it to Duncan. The card contained fingerprints which Duncan testified he had caused the defendant to place upon the card. The People also introduced in evidence as their Exhibit Number 2 for identification a certified copy of a commitment from the Municipal Court of Beverly Hills Judicial District, County

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of Los Angeles, State of California, which stated that one Hose May Ahouse was convicted of the crime of petty theft and served a term of imprisonment of 60 days in the county jail. On the reverse side of People’s Exhibit Number 2 were certain fingerprint impressions. Soverns testified that he had made a comparison of the fingerprint impressions on People’s Exhibit Number 1 with the impressions appearing on the reverse side of the commitment paper, that in his opinion the two sets of impressions had been made by the same person, and that he found 12 or more points of similarity between the two. The witness was not cross-examined and the two exhibits were received in evidence without objection.