People v. Mason

BARNARD, P. J.

—The defendants were charged with theft in taking a sum of money from the person of John Parks in violation of section 484 of the Penal Code. A jury found them guilty and each has appealed from the judgment.

The defendants were living in a house at Coachella, where Mason’s mother had formerly resided. They spent considerable time in the evenings at a place of entertainment in Indio known as “Brownie’s Cafe.” Parks was a sergeant in the army and stationed at Camp Young. On September 2, 1943, he spent most of the evening in this cafe. He had just received two months’ pay and had on his person sixteen new

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$10 bills with a little other money. During the evening he drank some beer. About ten o’clock he was ready to return to camp. "When he went outside he saw the defendants seated in a car. He talked to Mason, who agreed to take him out to the camp for $1.00. At that time he had $161.50 in his pockets, $160 in new $10 bills. He entered the front seat of the car with Mason, and Mrs. Jones was in the rear seat. Almost immediately he went to sleep or became unconscious.

Instead of going to Camp Young Mason drove to Coachella and stopped the car in a dark place beside a park. About 11 p. m. a deputy sheriff and two military policemen came along in a car. The military police asked to see the soldier’s pass. They had to rouse him and take him out of the car. They at first thought he was drunk but decided he was not. ■ Their testimony as to his condition strongly indicates that he had been drugged. He finally produced his pass which was in good order. The deputy sheriff asked the defendants what they were doing there and Mason replied that he was taking the other two to their homes. Mrs. Jones told one of the officers that Mason was her husband and told another that Parks was her husband. The officers demanded some identification from Mrs. Jones and she offered to produce it if they desired to go to her home which was near by. The officers and the two defendants then proceeded to the house where the two defendants lived.

Shortly after the others left, Parks walked a couple of blocks to a lighted portion of Coachella. He then discovered that all of his money was gone. He reported his loss to the officers who immediately began to try to locate the defendants. In the meantime the defendants had again gone to Indio, stopping at one or two other places.