People v. Seerman

GRIFFIN, J.

Appellant was charged with the crime of receiving stolen property, pleaded not guilty and in person waived his right to a jury trial. The trial court found the appellant guilty and his motion for a new trial was denied. This appeal is from the judgment, and from the order denying the motion for new trial on the ground of the insufficiency of the evidence and alleged errors of law.

On the first day of July, 1940, a fourteen-year-old high school boy named Jack Detter entered a house in Ontario, California, the residence of Mrs. Dorothy D. Lucas, and took, among other things, a gold wrist watch. On the 2d or 3d of July, 1940, he sold this wrist watch at a pawn shop known as the Diamond Loan and Jewelry Company, in Ontario, which was operated by the appellant as general agent. The boy first went into the shop and talked with a lady, Mrs. Golden, the mother of the appellant. She told him to obtain his mother’s consent to the sale of the watch and return later. On the second visit the boy brought a note which purported to give authority to him, under the fictitious name of John Dodge, to sell the watch for his mother, which note was signed under the fictitious name of Dolores Dodge. In purchasing the watch appellant made out a report of the sale on the form required by law. This form required a description of the person “making the sale’’. Instead of describing the boy, appellant filled out the form describing the fictitious person, Dolores Dodge, giving her weight, complexion, color of hair, sex, height, occupation and the style of dress. The boy testified that this was filled in by the appellant and the appellant’s mother without any information being given to them by him. The boy, however, did write the name Dolores Dodge right under the fictitious name John Dodge. The appellant issued a check in the sum of $2.50 and made it payable to C. A. Dodge who, it was claimed by the boy, was his father. The endorsement was forged by Jack and the check was cashed by him. The watch was four years old and originally cost $32 with the wrist band. Appellant took the stand in his own defense and admitted that he was not acquainted with Jack

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and had never seen him before he bought the watch, and that he had never heard of any person by the name of Dolores Dodge. He admitted that the boy had given him the address where he lived, and admitted further that he made no investigation to determine whether Dolores Dodge lived at that address, nor did he make any investigation to determine whether Dolores Dodge was an existing person. The appellant also admitted that Jack told him he was only 14 years of age and further admitted that the only investigation he made was by questions asked of the boy himself. Section 496 of the Penal Code provides in part that “Every person who for his own gain, or to prevent the owner from again possessing his property, buys or receives any personal property, knowing the same to have been stolen; ... is punishable, etc.” Section 496bb, subdivision 2 of the Penal Code provides: