People v. Arends

WHITE, P. J.

In an information filed by the district attorney of Los Angeles County containing seven counts, defendants were accused in each count of the crime of grand theft of money from California Rubber Products, Inc., a corporation. Defendants pleaded not guilty as to each count. Defendant Arends’ motion to dismiss under Penal Code, section 1382, was denied, as was his motion for a severance of his trial from that of his codefendant. Trial by jury resulted in verdicts finding defendant Stiller not guilty on each count, and defendant Arends guilty on all counts. The latter’s motion for a new trial was denied, as was his application for probation, and he was sentenced to state prison on each count, the sentences to run concurrently. Prom the judgment of conviction, the order denying his motion for a new trial, and from the “imposition of sentence,” defendant Arends prosecutes this appeal.

With regard to the factual background surrounding this prosecution the record reveals that California Rubber Products, Inc. was a corporation engaged in the manufacture of rubber products from various raw materials, including crude rubber and other synthetics, but not a product called

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GNA Neoprene, a synthetic rubber substance manufactured by E. I. duPont de Nemours and Company (hereinafter referred to as duPont Company). This latter product was purchased from purveyors thereof.

William E. Shawger was President and General Manager of California Eubber Products, Inc., in 1954 and 1955. Miss Viola Burger was Secretary and Treasurer of the corporation, worked in the office thereof and handled the purchase orders. Appellant Arends was the factory superintendent of the rubber shop and in complete charge of the rubber manufacturing. Ordinarily, in handling the purchase orders, Miss Burger would receive information from the shop superintendent (appellant) on a requisition sheet, that certain crude materials were needed. Prom the information on the requisition she would prepare a purchase order, each of which was numbered, and put the number of the purchase order on the requisition. Then she would telephone to the purveyors of the crude material and give them the purchase order number, send them the confirming order, and put a copy of the order on Mr. Shawger’s desk. After the material had been picked up or shipped, along with a bill of lading, the purveyors would send a bill to California Eubber Products. The bills were checked with the bills of lading which had accompanied the materials, and when the amounts were verified, the bills would be put aside to be paid. At the time they were paid, Miss Burger would make out a cheek on a California Eubber Products form, and sign it. The cheeks, along with the bills for which they were payment, would be put on Mr. Shawger’s desk for his signature. After he signed them, always without looking at the invoices, Miss Burger would send them to the appropriate purveyor. Mr. Shawger had no recollection of having seen a purchase order for GNA Neoprene go across his desk during the six years preceding February 27, 1956, and he used none during that period. There were times when the appellant would call Miss Burger and ask her for a purchase order number, saying that he had the supplier on the telephone and wanted to give him the order number. In those instances Miss Burger would give him a number, put aside the purchase order form carrying that number, and when the requisition came to her she would type up the purchase order and mail a confirming order. She would not make out a pick-up slip for the California Eubber Products truck driver to get the material in those cases, as she usually did.