People v. Marble

SHENK, J.

The defendant was charged by indictment with the grand theft of five bonds of the value of $4,100, the property of Susie Biddleeom. He appeals from a judgment of conviction entered on the court’s findings, a jury trial having been duly waived. He also appeals from the order denying his motion for a new trial.

The principal contention on the appeal is that the evidence does not justify the finding of guilt.

We are satisfied that the conviction is sustained by the following facts: In March, 1932, one Robldns had sold to Mrs. Biddleeom five $1,000 bonds of the Casa Real Apartments in Los Angeles County, for which she paid cash in the sum of $4,100 as the full purchase price. Subsequently, through one Friedman, she ascertained that the bonds had been defaulted. On August 20, 1932, she appeared at the defendant’s office with Friedman. The defendant told her that he accepted the moral obligation involved to make restitution inasmuch as Robldns was one of his salesmen. At that meeting Mrs. Biddleeom signed a paper authorizing the defendant to act as her agent for the purpose of effecting an exchange of the bonds for a certain first deed of trust for $1,000, on which there was a balance of $940 unpaid, payable in $15 monthly instalments, and five lots in Deer Lake Highlands, which property in turn was to be exchanged for guaranteed deeds of trust. The $1,000 note and trust deed were executed by the former wife of the defendant from whom he avbs divorced. The five lots were owned by the defendant. At the defendant’s instruction Friedman and Mrs. Biddleeom ascertained at the bank the value of the bonds, which at that time was assertedly about $1500. Mrs. Biddleeom returned with the bonds and left them with the defendant, who gave her a receipt for- them. The defendant also promised that as part of the restitution he would have Robkins transfer title to a half interest in another lot, the other half interest in which had been purchased by Mrs. Biddleeom for $800. It appears that this transfer was made, Mrs. Biddleeom re

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ceived in the mail from Marble the $1,000 trust deed note, but not the trust deed. Upon inquiry by her the defendant said he could not make a transfer of the trust deed because it required a long form. Mrs. Biddlecom never received a deed to the five lots in Deer Lake Highlands. There is some testimony on behalf of the defendant that a deed was prepared and delivered to Friedman ostensibly for her, but neither a deed nor any record of such a transfer was produced. Mrs. Biddlecom reported to the defendant her dissatisfaction with matters and demanded the return of her bonds, stating that she had a customer for their purchase at the price of $4,100. Instead of returning the- bonds the defendant on September 15, 1932, executed and delivered to her his promissory note for $4,100 due in two years, and told her to retain any property so far received as security therefor. He promised payment out of royalties from certain oil leases which momentarily were expected to be brought into production. In fact the bonds- had been sold in August for $1,500, but the proceeds were not paid to Mrs. Biddlecom. The defendant testified that with the assistance of Friedman it was expected that an exchange of the $1,000 trust deed and note and the five Deer Lake Highland lots would produce a trust deed sufficient to secure his note to Mrs. Biddlecom. However, such security was not delivered and the note remained unpaid. The indictment of the defendant followed.