People v. Malone

SCHOTTKY, J.

Defendant above named was found guilty of the crime of grand theft. His motion for a new trial was denied, and he has appealed from the judgment and from the order denying his motion for a new trial.

The principal and in fact the only contention of appellant is that there is no evidence to connect him with the offense charged, except the testimony of Ray Hill and Dorothy Andrada, both of whom appellant asserts are accomplices. Before discussing this contention, we shall give a brief summary of the evidence as shown by the record.

Approximately 600 feet of rigid electrical conduit pipe was taken without the owner’s permission from a construction project at the Red Bluff High School about 10 p.m. the evening of May 5, 1958. The night watchman saw a man who had a bundle of conduit in his hand throw it into the rear of a pickup truck and then enter the cab of the truck where another person was seated and drive away. The night watchman was unable to identify the thief. About 11 p.m. Ray Hill saw the defendant in the living room of the home of Hill’s grandfather. The defendant told Ray Hill that he had some pipe to deliver to his father’s home. Ray Hill then directed the defendant to his father’s home, and subsequently, with Ray Hill’s assistance, the pipe was unloaded. After the pipe had been unloaded Ray Hill was told, “Gee this stuff is hot, will you cover it up?” The next morning Ray Hill

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determined that the pipe which was unloaded was %-inch conduit. Twenty hours later Hill notified the police who came and got the conduit. At the trial Hill testified that he saw another person in the truck who he thought was Dorothy Andrada. She testified that she accompanied the defendant to the job site where he got out of the pickup and loaded the pipe into it. They then drove off and went out to Dan Hill’s place (Ray’s father) with the pipe where it was unloaded.

Appellant did not testify at the trial and called no witnesses in his defense.

Appellant contends that the evidence is insufficient to sustain his conviction of grand theft because both Ray Hill and Dorothy Andrada are accomplices and there is no other evidence to connect him with the crime. It is conceded that Dorothy Andrada was an accomplice; and that if it must be held as a matter of law that Ray Hill also was an accomplice, the evidence is insufficient to sustain the judgment.