People v. Walther

CONLEY, P. J.

The defendant, LaMont Walther, was convicted by a jury of grand theft in that he stole personal property of a value in excess of $200 from John Andrew Erickson; the record indicates that, through elaborate trickery, the defendant gained $180,000 by his crime. The evidence, incidentally, also shows that three legitimate businessmen of southern California, who were accustomed to handling large sums of money, were victimized in part through their unbelievable credulity and in part through their willingness to engage for profit in undercover negotiations with a person later proven to be a downright crook, who had served at least one prior term in the state penitentiary.

Originally the grand jury of Yolo County indicted LaMont Walther for violation of section 484 of the Penal Code (grand theft) in that on July 31,1964, he stole personal property of a value in excess of $200 from John Andrew Erickson. The indictment was later amended to add a prior conviction of robbery of the first degree in the County of Sacramento on or about the 23d day of November 1923, for which he served a term in the California state prison. The defendant admitted the prior conviction but denied his guilt on the current charge.

The record shows that John Andrew Erickson of Lakewood, California, manager of a water company and an investor whose net worth was approximately $450,000, wanted to buy raw gold. He met a person named Schneider, supposedly a Utah attorney and an agent for owners of placer gold. Erickson testified that he cheeked on Mr. Schneider’s credentials and was persuaded by people purporting to be United States government secret service employees that Schneider was a legitimate attorney and had carried on business dealings relative to mining in Washington. Erickson induced a friend named Hodges to join him in the venture, and at a later time also enlisted another businessman, named McAllister, in the joint venture.

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Erickson had entered into a contract with a New Jersey firm to purchase placer gold at a fixed figure when he should acquire it. Erickson’s actual deal for purchasing the placer gold at frequent intervals was to be secret. The purported real sellers of the gold never allegedly permitted their names to be used. It was understood that Erickson and Hodges would go from southern California to San Francisco, would there rent two automobiles, take with them an assayer who would test the tendered placer gold and the sale would then take place secretly by the purchasers exchanging cars with the seller. During the first part of July 1964, Erickson and Hodges took with them one Dunkel, an assayer, from Los Angeles and flew to San Francisco carrying $120,000 in cash. They were met at the airport by Schneider, there rented two cars and went to Vallejo, where Schneider introduced them to a man called Mack, supposedly an employee of the gold owners. He was to check the money and exchange the placer gold for the cash. Mack is the appellant. Erickson and Dunkel drove to a telephone booth near Vallejo and waited there for two and one-half hours, finally received a telephone call to the effect that the sellers of the gold could not sell or deliver such a small amount. The entrepreneurs then flew back to Los Angeles.