People v. Smith

[112]

MOORE, P. J.

Defendant, having been convicted on two counts of grand theft by the court without a jury, takes this appeal from the judgment and from the order denying motion for a new trial.

As grounds for reversal, he urges (1) that the evidence is insufficient to support the judgment and (2) that the court erred in overruling certain objections to questions propounded to appellant upon his cross-examination.

In December, 1939, defendant contacted one Harry Chudaeoff to whom he disclosed a desire to purchase six or seven wrecked ears. In the latter part of April, 1940, Chudacoff arranged for the purchase of a 1939 Dodge coupe from the Aetna Insurance Company at a price of $185, and he was paid by appellant the sum of $10 for his services in effecting the purchase. The car while going at a speed of 60 miles per hour had hit a telephone pole. Its front end was crushed, the radiator, the shell, grill and entire assembly, both front fenders, the hood assembly, the frame, knee action, right front wheel, hub, tire, tube, steering gear assembly, carburetor, fan, pump assembly, manifold and right door, windshield glasses and door glasses were broken.

Count 1 of the information accused defendant of stealing the car of one John E. Canaday. On May 29th, the police discovered a dark blue Dodge de luxe coupe stripped and abandoned at 21st and Harvard Boulevard. This was the car stolen from Canaday who had parked it at 6th and Normandie, two miles distant from the place where it was found by the police. When last seen by Canaday on Sunday, the 26th of May, his coupe was in good condition, contained a Motorola radio and standard equipment. When he saw it on the following Wednesday, it had been stripped of its hood, right door, radiator, carburetor, radio, three hub caps and the front grill. The missing door had been replaced by an old one and wired in its place; the front grill and hood had been replaced with an old part, and substituted parts had been put on Canaday’s car from different cars which were all of different colors.

In the early part of June, Canaday at the request of the police called at the garage where they stated his car was impounded. He recognized it as his own ear by the license number, certain private papers of his own and other dis