People v. Taylor

McCOMB, J.

From a judgment of guilty on six counts of grand theft after trial before a jury, defendant appeals. There is also an appeal from the order denying his motion for a new trial.

The evidence being viewed in the light most favorable to the People (respondent) discloses that defendant entered into an agreement with A. E. Norrbom, a transportation consultant doing business as the West Coast Traffic Association, whereby Mr. Norrbom would receive 50 per cent of all sums obtained on contracts which defendant procured for the West Coast Traffic Association; after entering into such agreement defendant represented to (a) Mr. Schaefer of the Julius V. Madsen Company, (b) Mr. Hamilton of the Earle C. Anthony Company, (e) Mr. Spriggs of the R. E. Spriggs Company, (d) Mr. Lund of the General Distributing Company, and (e) Mr. Chudaeoff of the Associated Brewers Dis

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titrating Company that he could recover from the Interstate Commerce Commission sums which, he stated, they had overpaid to common carriers on freight charges. He stated to the aforementioned gentlemen that it was necessary for him to make a deposit with the Interstate Commerce Commission at the time he filed an application for the refund.

Defendant received from (a) Mr. Schaeffer, $300, (b) Mr. Hamilton, $2,400, (c) Mr. Spriggs, $300, (d) Mr. Lund, $300, and (e) Mr. Chudacoff, $3,000. The checks representing the foregoing sums were turned over to the West Coast Traffic Association and defendant in each instance received half of the sum represented by such checks.

As a matter of fact in making application to the Interstate Commerce Commission it was not necessary to make any deposit with the commission and none was made by defendant, nor did defendant obtain any refunds from the commission or return to any of the parties the money which he had received from them. None of the above-named gentlemen would have given the respective sums to defendant but for the fact they believed it was necessary to make a deposit with the Interstate Commerce Commission in order to obtain a refund on the proposed overcharges.

Respondent concedes there is not substantial evidence to sustain the verdict of guilty on Count II of the information.

Therefore the judgment, which is predicated on Count II will be reversed.