People v. Warner

DRAPEAU, J.

Defendant, Arthur Warner, was convicted by a jury of six counts of grand theft. Without going into particular details of 'the several crimes, the evidence shows that he took money from individuals and promised to get them automobiles, kept the money, and never delivered the automobiles, or that he took automobiles from individuals to sell, did sell them, but did not pay the owners, or that he converted to his own use automobiles entrusted to him.

Defendant appeals from the judgment sentencing him to state’s prison, and from the court’s order denying his motion for a new trial.

His argument for reversal of the judgment may be stated under the following heads:

1. That it was error for the trial court to deny his motion for a continuance of the trial.

2. That it was error for the trial court to refuse to grant his motions to be substituted in person for, or to associate himself with the public defender.

3. Asserted errors in instructions given or refused.

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4. Asserted errors in the admission of evidence.

5. Misconduct on the part of the deputy district attorney.

These matters will be discussed in order.

1. With reference to the requested continuance:

Affidavits for continuance were filed, averring that because of the complexities of the case counsel for defendant required more time for preparation for trial. The court considered the affidavits, heard the argument, and denied the motion. There was no abuse of discretion.

On October 27,1953, the case was set for trial for November 19th. The deputy public defender who tried the case was assigned to it on October 28th. Nothing in the facts of the case as shown in the record is so complicated as to require longer time than that allowed to prepare for trial.

2. Referring to the rulings keeping the public defender as trial counsel: