People v. Rath

LILLIE, J.

A jury convicted Rath of the crime of grand theft (Pen. Code, § 487, subd. 1); three prior felony convictions had previously been admitted. He appeals from the judgment; the sole contention is that the evidence is insufficient as a matter of law to sustain the jury’s verdict.

The record reveals evidence of the following facts: In the year 1959 defendant was the president of Diversified Machinery Company, a Los Angeles concern in the business of buying and selling machinery; the company had been organized and financed by one Heller. Oliver Klatt was the owner of K & W Engineering Company, the victim of the theft. He was acquainted with the defendant, the parties having had business dealings which involved the purchase of machinery.

On October 29, 1959, Klatt purchased three items of machinery from Diversified for the sum of $1,560. This purchase was made through defendant in the following manner: Klatt gave defendant a K & W check in the amount of $900 to the order of Diversified; when he told defendant that he would

[640]

mail Diversified the remaining $660, defendant requested Klatt to make out the check to defendant’s order. Upon his receipt of the $900 cheek, defendant prepared and gave to Klatt an invoice from Diversified setting forth the items of machinery sold and the total price thereof, namely, $1,560. This invoice bore the notation “Paid in full, 10/19/59.” Subsequently Klatt mailed defendant a K & W check for $660. Both checks were cashed by the defendant and the proceeds thereof by him appropriated.

The following Wednesday Klatt called Diversified to arrange for the delivery of the machinery. He was told by Heller that defendant had disappeared; delivery of the machinery was refused. Heller testified that the records of Diversified did not indicate a sale to Klatt of the items in question; and he further stated that his company never received the two cheeks given to defendant by Klatt.

The defendant was arrested in February of 1960. In a conversation with police he stated that he had endorsed the $900 check by writing “Diversified Machinery Co.” on the back of the instrument and cashed it at a liquor store; he also said that the $660 check was made out to him rather than Diversified because “. . . things were catching up ... I needed pin money for gas, as I was leaving. ’ ’ Defendant left Los Angeles, and went to Las Vegas, Arizona, Texas, New Orleans and Tennessee.