People v. McCord

BARNARD, P. J.

The defendants were jointly charged in two separate actions with offenses against rationing. In one, they were charged with wilfully and unlawfully stealing about 357 gasoline coupons and stamps issued by the United States Government in furtherance of its ration program. In the other they were charged with wilfully and unlawfully acquiring approximately 1366 gallons’ worth of gasoline ration stamps issued by the United States Government in furtherance of its ration program. They pleaded not guilty to each offense, the eases were consolidated for trial, and a jury was waived. The court found each defendant guilty of each offense and pronounced separate judgments, from which these appeals were taken. The appeals are presented upon separate clerk’s transcripts, one reporter’s transcript and one set of briefs.

It is first contended that the evidence is insufficient to support the judgments. It clearly appears from the evidence that on January 19, 1945, two truck drivers for oil companies delivered gasoline to certain oil stations and received the required gasoline ration stamps, and that about one o’clock on that day, while these trucks were parked and the drivers were eating lunch, these ration stamps were taken from the trucks. The appellants were seen by several witnesses around at least one of these trucks during the time the driver was in a restaurant eating his lunch. They remained there for some ten or fifteen minutes and then one of them was seen to enter a black Buick automobile which had been parked near by, and the Buick was driven rapidly away. The loss of the stamps was discovered shortly after one o’clock and •the officers were notified. A radio message to watch for the Buick was broadcast. About two o’clock two motor patrol officers, who had received the message, saw the Buick passing Lebee. They set out in pursuit and by running 105 miles an hour caught up with the Buick about two miles south of Gor

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man. The appellants were the only occupants of the car. During the pursuit the Buicb had been driven about 80 miles an hour. The officers searched the Buicb but found nothing until they toob off one of the hub caps. Concealed under this hub cap they found the missing ration stamps.

These ration stamps were thoroughly identified as those which had been taben from the trucbs, through certain peculiarities in some of the sheets and by figures and names written on some of them. Not only were the appellants identified by several witnesses as having been at the place where the stamps were taben, at about the time they were taben, but they admitted that they had been there at that time. They denied having taben the stamps and offered the explanation that the stamps might have been placed under the hub cap by a third person, also a colored man, to whom they said they had given a ride. Not only were their stories with respect to this other man conflicting and somewhat incredible, but no attempt was made to show how he had any opportunity to put the stamps under the hub cap. He could not well have done so while the Buicb was traveling at a high rate of speed. No authorities are needed to support the conclusion that the evidence, with the reasonable inferences therefrom, is amply sufficient to support the judgments.