People v. Clancy

DRAPER, J.

Defendants Clancy, Vandewark and Matthews were convicted of grand theft (Pen. Code, §§ 487, 484) after trial by the court without a jury. All were admitted to probation, Clancy and Vandewark on condition that they make restitution, pay fines, and serve time in county jail. Clancy and Vandewark appeal.

Clancy was president, Vandewark treasurer and Matthews corresponding secretary of Operating Engineers Local Number 3. This union owned a number of automobiles, and rather frequently turned in used cars on the purchase of new ones. Substantial discounts were granted to the union on its purchases of new cars.

Before April, 1955, the discount on new cars purchased from C. M. Murphy Oldsmobile Company, a San Francisco dealer, had been credited by deducting it from the new car price or by adding it to the trade-in allowance. In April, Vandewark talked to a Murphy salesman and arranged that

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subsequent discounts be divided, half deducted from the new car price, and half added to the trade-in allowance for the union’s used ear. Purchase price of the used cars was to be paid by Murphy’s check.

Over the next 17 months, 16 used ears of the union were sold to Murphy. In each case, check for the purchase price was made out to Clancy (4), Matthews (5) or Vandewark (7) as the latter directed. In each case, the payee paid to the union less than he received from Murphy. In 14 instances, the difference retained by the individual officer was $400 each. In each of the remaining two instances the amount retained was $375. All such Murphy checks were delivered by Murphy either to Vandewark or Matthews at the union office. Although Clancy received no check by direct delivery from Murphy, it is established that he did receive four checks, and retained the amount by which they exceeded his payments to the union. One of the certificates of registration (pink slip) was endorsed on behalf of the union by Vandewark, in the other 15 instances by Matthews. In no ease did such document of title show a defendant as transferee.

Although the union books in some eases show sale to one of the defendants, in fact each Murphy check was delivered to the benefited defendant before the latter made the lesser payment to the union.