People v. Antoine

GOOD, J. pro tem.

*

On January 12, 1959, the district attorney of the city and county of San Francisco filed an information accusing James W. Antoine of the crime of felony, to wit: violation of section 487 of the Penal Code of California (grand theft). Defendant was arraigned and given a medical

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examination, his counsel having expressed doubt as to defendant’s ability to comprehend the situation because of amnesia. The court subsequently determined defendant to be sane. He pleaded not guilty, at the same time denying three prior felony convictions charged in an amendment to the information. However, prior to trial, and out of the presence of the jury, he admitted three priors, to wit: altering postal money orders, forgery, and fictitious checks. Following trial, the jury returned a verdict of guilty as charged. Defendant was duly arraigned for judgment and sentenced.

The evidence discloses the following facts:

On Monday, December 15,1958, at approximately 5:30 p.m. appellant entered the fur department of Livingston Bros. Department Store, carrying a brief case. Shortly thereafter a saleslady, Mrs. Rose Auerbach, was showing him furs when the telephone rang, whereupon she left appellant únwatched for about two minutes. Upon her return he departed, avowedly to park his automobile. Appellant did not return.

Later that evening appellant appeared in a tavern carrying a large white gift box. He showed its contents, a fur piece, to various people there, explaining that he had received it as a Christmas bonus for outstanding salesmanship. Accompanying the fur were two tags, one showing a price of $395. He indicated that the fur was for sale, and a Mrs. June Warden took it home that night. When she attempted to return it to appellant on the following evening, he asked her if she couldn’t sell it for him, and she again took it home with her.

Mrs. Warden, who was a saleslady at another department store, took the fur to work with her on the following day, Wednesday, and talked with one of her employer’s detectives about it. The fur had a Livingston Bros, label and an inventory tag, and subsequent investigation led to the identification of the fur as belonging to that establishment. It had been the only one of its type in the Livingston stock. Mrs. Auerbach testified that an inventory check on the morning of December 15 had shown it to be present in the department at that time. She also remembered having actually seen it then.