People v. Billings

FORD, J.

In a non jury trial the defendant was found to be guilty of grand theft. (Pen. Code, § 487, subd. 1.) Proceedings were suspended without the imposition of sentence and the defendant was placed on probation on specified terms and conditions. He has appealed from the judgment (order granting probation) and from the order denying his motion for a new trial. His sole contention is that the evidence was insufficient to support the conviction.

The person whose money was alleged to have been taken was Mary E. Tyson, a waitress. She testified that the defendant talked to her at her place of employment in Manhattan Beach on April 6, 1961. He said that a friend of his had developed a hydraulic motor which was being tested by Chrysler and General Motors and that money was needed for “backing.” The money would be held in escrow for 10 days and, at the end of that time, they would have a report from Chrysler and General Motors. If those concerns did not accept the motor, the money would be returned to the persons who had furnished it. But if the motor was accepted, such persons would be given certificates for stock in a company. The defendant also said that Murray Chotiner was the at

[629]

torney for the company involved and that Earl Seheib had invested money in the venture. The following day the witness gave the defendant her check for $500 which he cashed. On the receipt given to her by the defendant was the name “Mini-San.” She testified that she gave the money to the defendant in reliance upon his representation that Mr. Chotiner was connected with the venture. The money was never returned to her and she received no ' certificate for shares of stock in the “Mini-San” corporation.

Robert A. Tyson, who was the husband of Mary E. Tyson at the time of the trial, testified that he was present at a conversation about a week before the money was given to the defendant. The defendant stated to them that a friend of his had a hydraulic motor which would revolutionize the automotive industry and that he would like to have them invest in the venture. The defendant further said that General Motors and Chrysler and another company were investigating the motor and that after they had completed their investigation those persons who had invested in the venture would be issued certificates of stock “in this corporation for this motor.” The defendant also said that Murray Chotiner was the attorney for the venture and that Earl Seheib was investing in it. No stock certificate was issued and the money was not returned.