People v. Cook

PEEK, J.

This is an appeal from a judgment of conviction for grand theft, and from the order of the trial court denying defendants ’ motion for a new trial.

The defendants, Margaret and Fred Cook, operated a travel agency in the city of Lodi known as the Lodi Travel Service. The record contains a great amount of testimony regarding the relationship between the defendants and Air France International Air Lines and the desires of defendants to have Air France sponsor their membership in the International Air Travel Association, known as I.A.T.A., thereby entitling them to receive commissions on the sale of air transportation on lines operated by Air France. Mr. DeCabrol, District Manager for Air France, explained that until defendants

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became members of the I.A.T.A. they could not receive commissions, but once they became members they would receive commissions retroactively. Following discussions between defendants and DeCabrol, an oral agreement was entered into whereby the defendants would be permitted to sell Air France service to their clients. The arrangement between the parties provided that the defendants would notify Air France when a local client wished passage on the latter’s facilities. Air France would then forward the requested ticket made out in the passenger’s name. The defendants would deliver the ticket to the customer, collect the price of the ticket and remit the same in its entirety to Air France. It should be noted, however, that the agency was permitted to draw its own check for the amount of the ticket for remission to Air France.

In July of 1957, a Mrs. John Precissi made arrangements with the defendants for herself and friends for a tour of Europe. A portion of the tour involved utilization of Air France service. Defendants obtained tickets from Air France of the value of $4,491.88. These tickets were made out in the names of Mrs. Precissi and her friends and were delivered to them by defendants who in turn received a cheek for $6,896.68. This check was in payment of the Air France tickets and other travel service in connection with the tour. Mr. Cook cashed the check and obtained $4,000 in one-hundred dollar bills, and took the balance in two drafts. Thereafter the defendants left Lodi, leaving no forwarding address. Air France received none of the money paid to defendants for the tickets. Following their arrest, defendants admitted the appropriation of the money.