People v. Pillsbury

SHAW, J. pro tern.

After a trial by the court sitting without a jury, the defendant was found guilty of grand theft of an automobile. He now appeals from the judgment, presenting as his sole point on appeal the contention that the evidence is insufficient to support the trial court’s finding of guilt. This contention must be sustained.

The automobile in question was owned by Carl R. Menikheim, hereinafter referred to, following the witnesses, as “Carl.” He was called into military service in April, 1942, and left the automobile in charge of his fiancee, Miss Dorothy Jerome. She did not use it, but had the keys and kept it stored in a garage.

About two weeks after Carl went into the army, the defendant came to the store where Miss Jerome worked and told her he could sell the car if Carl was interested in selling it. He said he worked for the Edison Company and his boss, Roy L. Newell, was interested in buying the car. She wrote to Carl, and when defendant later called her by telephone told him Carl would sell the ear for $1,000 cash. Defendant then came to the store and brought Miss Jerome forms of power of attorney and authorization for payment, apparently for Carl to sign. These papers were introduced in evidence but have not been brought up as a part of the record, so we do not know their contents. However, we assume from what is said of them in the record that they constituted some sort of authorization for Miss Jerome to act for Carl in transferring the automobile. Carl signed these papers and sent them back to Miss Jerome, and thereupon, about the last part of May or the first of June, 1942, Miss Jerome gave defendant the keys to the car and he took possession of it. He told Miss Jerome at the time that he would deliver the car to Mir. Newell and bring the money to her, “next week.” She believed defendant’s story and was induced thereby to turn the ear over to him.

Next week defendant called Miss Jerome and told her he

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was delayed and would bring her the money the last of the week. A little later he told her he would have to make some repairs to the car before his boss would accept it and when she demurred to this, defendant said his boss would pay $1,100 for the car. He told her he did not want to bring the car back, as she requested, because he wanted to work on these repairs in his spare time. She then gave him permission to keep the car for this purpose. On June 21st Carl came down to Los Angeles from the military camp, and defendant brought the car to Miss Jerome, he and she and her sister met Carl at the bus station, and then Carl and Miss Jerome, after letting the other two out, drove the car to her home. During this trip defendant told Carl about the deal for $1,100 cash, said he had to make a few repairs, and Carl said to him “For $1100, you go ahead and sell it.” Later on the same day Carl returned to camp and defendant took the ear again. At the time he said he would bring the money the following week.