People v. Williams

MOORE, P. J.

Convicted of grand theft, defendant appeals from the judgment on the grounds of (1) misconduct of the district attorney in asking certain questions; (2) court’s unduly limiting cross-examination; (3) court’s failure to instruct with respect to certain matters.

Mr. Raymond Beall, receiving clerk at the Union Terminal Warehouse, was engaged in unloading cartons of cigarettes onto the dock. He observed that 10 cases were missing. At the same time he saw a strange man in the act of carrying a case of cigarettes toward an automobile parked behind a box-car and before Beall could reach the automobile the stranger had started to drive away, accompanied by two other persons. Appellant was in the driver’s seat and a man carrying the cigarettes was to his right. Special Officer Juan Blanco jumped from the dock, ordered the car to stop and demanded the keys, whereupon the occupants leaped from the ear and two of them ran. As Mr. Beall captured one of the men, he saw that Blanco held appellant. In the confusion, appellant made his escape, as did another of the trio. The officer found five cases of cigarettes in and near the automobile. They were reasonably worth in excess of $400.

One week thereafter, appellant was arrested by Officer King. In their conversation, appellant stated that he had borrowed the automobile from Prank Rios on July 23; that he was joined by Eddie Pier at the Richards Hotel; that he drove to Eighth and Central where he met Sam Johnson; that when they came into the market area, appellant parked the car and took a walk; that when he returned to the automobile, a special officer arrived. He said because of the excitement and the presence of the cigarettes “he decided he’d better take off.”

When Officer King told him that he had received a stolen car report from Prank Rios on July 25, he said the stolen car report was not right. At the trial, appellant claimed that he had borrowed the automobile from Rios on July 23 and was accompanied by Sam Johnson to whom he loaned the automobile on July 24 and never saw him again.

[8]

In the course of examining three witnesses for the People, the prosecutor asked them whether appellant was wearing the patch over his eye when they saw him prior to the trial. No objection was made to such questions. But conceding such objection to have been made, there was no error. They had seen appellant participate in the theft. He wore no patch then. The question was calculated to make certain the identification. They knew him despite his attempt at concealment. At any rate, even though some of the questions had been leading, their being asked would not have established misconduct in the absence of any indication that they were not asked in good faith.