People v. Orndorff

KINGSLEY, J.

Defendant was charged with attempted grand theft. The case was submitted on the transcript of the preliminary examination, together with testimony by defendant. He was found guilty as charged, probation was denied and he was sentenced to state prison. He has appealed. We reverse the judgment.

The victim, Juniper Griffis, testified that he was accosted on a street in Long Beach by a Negro sailor, who asked him concerning a hotel. In the conversation that followed, the sail- or displayed a roll of bills and told Griffis that he had been given it by his ship’s captain as the proceeds of insurance on the life of the sailor’s brother. Griffis advised the sailor to put the money (allegedly $19,000) in a bank but the sailor demurred, saying that he understood that if a Negro deposited money in a bank, the bank would not let him withdraw it. At this stage, defendant appeared, walked by the two men and was accosted by Griffis, who asked defendant to help “straighten out” the sailor. After further conversation, the three men drove, in defendant’s ear, to Griffis’ home to procure his bank book so that Griffis, by making a withdrawal from his account, could satisfy the sailor that the sailor could safely make a deposit. They then drove to the vicinity of Griffis' bank. The sailor remained in the car, Griffis and defendant walked toward the bank but, before reaching it, defendant stopped, telling Griffis to go to the bank alone, as defendant wanted to watch the sailor. Griffis went to the bank where he met his wife; after Griffis and his wife talked to the assistant manager they left the bank to find that defendant, the sailor and the car had disappeared.

Thereafter police officers went to defendant’s home, advised him of his constitutional rights,

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secured permission to search

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the apartment, discovered a roll of “play money” and arrested defendant. The roll of play money was introduced into evidence. During conversations that took place, then and later, defendant admitted his participation in the affair, hut claimed that he recognized that the sailor was attempting a scheme known as the “Jamaica Switch,” did not want to get involved because he was on parole, and dropped out of the proceedings as he and Griffis approached the bank.