People v. Brody

STURTEVANT, J.

The defendant was accused by the district attorney in an information with the crime of grand theft. In the information a prior conviction was also alleged. The defendant entered a plea of not guilty and denied that he had suffered the prior conviction. The trial was had before the trial court sitting with a jury. During the trial the alleged prior conviction was withdrawn. After the cause was submitted to it the jury returned a verdict finding the defendant guilty of grand theft as charged in the information. The defendant made a motion for a new trial, his motion was denied, and he appealed from the order denying him a new trial and from the judgment.

In December of 1936 defendant knew neither Harris nor Shill, but all had a mutual acquaintance in Anne De Britz, a dressmaker living in San Francisco. There was nothing either ominous or propitious in the first meeting between Harris, Shill and Brody. Anne De Britz, called for the People, testified that it was a casual meeting. There was no proof that any motive of defendant actuated the meeting and Anne De Britz so declared.

These four soon became friends, eating together, visiting the same places at the same times, and finally they found a common topic for conversation—“bingo”. Soon all were talking about how much money one could make in running a bingo game establishment. Harris knew that defendant was not connected with any bingo games. In fact, did not know very much about how bingo was run nor how “the big money” was made in it. He knew that bingo games were in opera

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tion only in Reno and Los Angeles. Throughout the entire testimony there is the definite intimation by Plarris and Shill that they knew it was illegal to operate bingo games. Brazenly they sought high profits from a partnership the

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of which was an illegitimate enterprise. If public officers were to be bribed to allow the game to run they were willing if assured the profits.

Defendant, after all four had talked a great deal about bingo, stated if Harris and Shill would each put five thousand dollars into a bingo venture, with other funds to be raised, he could start an establishment. Within a short time thereafter both gave checks to defendant for five thousand dollars each. Shill’s check was returned unpaid because of insufficient funds.