People v. Canard

JEFFERSON, J.

—In an indictment returned by the grand jury, Peter Stafford and Henry De Maddalena, Los Angeles police officers, together with Emmett Canard, Cyril Myers, George Miller and Maury Adler, were charged with conspiracy to offer and give bribes to executive officers of the State of California (Pen. Code, § 67), to ask for and receive bribes for officers, employees and appointees of the City of Los Angeles (Pen. Code, §68), to engage in bookmaking (Pen. Code, § 337a), and to obstruct justice and the due administration of the laws pertaining to bookmaking and bribery (Pen. Code, §182 subd. 5). Seven overt acts were charged, each alleged to have occurred during the period from February 15, 1964, through March 20, 1964. A jury found each defendant guilty, and returned a special verdict finding that the objects of the conspiracy were those charged in the indictment. Stafford, Canard, Myers and Miller appeal. Stafford’s appeal is from the judgment sentencing him to state prison. The other defendants appeal from the order granting them probation (which is treated as a final judgment under Penal Code, section 1237).

[448]

Generally speaking, defendants urge the same basic contentions. At the outset, to answer their challenge that the evidence is insufficient, we present a summary of the pertinent facts (viewing them as we must in the light most favorable to the People).

Defendants Stafford and De Maddalena were members of the Los Angeles Police Department. Stafford was a supervising sergeant assigned to the bookmaking detail of the Central Vice Division. He was an acknowledged expert in bookmaking law enforcement. Late in 1963, upon the recommendation of Stafford, Officer De Maddalena was transferred to the Central Vice bookmaking detail to work under Stafford. On February 1, 1964, De Maddalena and Officer Joseph Gunn were assigned as partners to work the West Los Angeles area.

On February 15, Gunn and De Maddalena were on an assignment at the Kismet Bar, when De Maddalena stated, “Here’s some money for you.” He handed Gunn a $50 bill and told him “It’s for your New York vacation!” Gunn asked what he had to do for the money and De Maddalena said, “You won’t have to do anything. You won’t know anything about anything. All you have to do is get your money from me. This concerns something that is out of our district and we can go ahead and make our arrests every month and it won’t be any concern to us. ’ ’