People v. Harden

BARNARD, P. J.

The defendants were jointly charged with the crime of grand theft and, in a second count, with conspiracy to commit grand theft. Each defendant was also charged with a prior conviction but this charge against Doud was dismissed during the trial. A jury found each defendant guilty on both counts, but found in favor of the defendant Harden on the charge of a prior conviction. Both defendants have appealed from the judgment and from an order denying their motion for a new trial.

The evidence is voluminous and it would serve no useful purpose to give the details here. To shorten a long story, the appellant Harden met the prosecuting witness, a widow 60 years of age, at Long Beach in July, 1934. He made a number of misrepresentations to her, including the false statement that he was unmarried and giving her an assumed name. He paid her marked attentions and by September she agreed to marry .him. They arranged to start at 8 A. Hi on September 25, 1934, for Yuma to be married, but he contrived to delay their start until 3 P. M. They started in her automobile and on reaching San Diego registered at a hotel. They spent the next few days partly in San Diego and partly in Tia Juana.

During this time Harden picked up Doud, who claimed never to have seen Harden before, although it was thoroughly established at the trial that they had known each other for eight years and had worked together at various race tracks throughout the country. Doud'pretended to have inside information as to which horses were to win the various races then being run. He pretended to arrange with Harden to furnish the money with which Harden was to make certain bets and that Harden was to receive 25 per cent of the winnings. One or two such bets were made and when Harden returned with the winnings, apparently in phoney money, Doud handed 25 per cent thereof to Harden in the presence of the prosecuting witness. Doud then persuaded Harden, in her presence, to make a large bet by putting up his (Harden’s) check which he said he would arrange with the bookmaker to aeeépt. They reported to the prosecuting witness

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that this was done and that Harden had won a large amount, but that the bookmaker would not turn over the money until Harden produced the amount of his check to convince them the check was good. The appellants then told the prosecuting witness that her fiance would be sent to the penitentiary unless the amount of the check was raised. They went through an elaborate scheme, including telegrams supposed to have been sent and received, and finally convinced the prosecuting witness that they had raised all of the money needed with the exception of about $8,700. She told them she had this amount in her bank at Long Beach and they persuaded her to get it and turn it over to them, saying it would be returned within an hour, and convinced her that this was necessary in order to keep her future husband from going to the penitentiary.