People v. Euell

FILES, P. J.

—Defendant was convicted of three counts of attempted grand theft from the person (Pen. Code, §§ 664; 487, subd. 2). By stipulation the trial was by the court; upon the preliminary transcript as the only evidence on the issue of guilt. The court also found true the allegation that defendant had previously been convicted of grand theft and attempted grand theft in San Francisco, and attempted grand theft person in Sacramento. Defendant was sentenced to state prison, the terms to run concurrently. This appeal is from the judgment.

The only evidence is the testimony of Police Officer Oscar O’Lear who, with his partner, observed defendant for about 45 minutes or an hour in downtown Los Angeles. .

At Seventh and Broadway defendant, carrying a sweater over his left arm, moved into a group of passengers loading onto a bus. He stepped alongside a woman who had a purse on her arm, and placed his sweater part way over the purse. As the woman boarded the bus defendant backed away.

When the next bus arrived for loading defendant repeated this performance.

Then he crossed the street and approached another woman the same way.

Next defendant proceeded to Seventh and Spring, moved into a group of passengers, backed away, and walked to Fifth and Broadway, where he moved into two groups of passengers loading on busses. Then defendant entered a store, moving up to women who were shopping.

[443]

Back at Seventh and Broadway, defendant moved behind a woman, placed his sweater partly over her open-type purse, and placed his hand in the purse. The woman entered the bus and defendant backed away.

He joined a second line of boarding passengers, placed his sweater partially over a purse and opened the clasp. The woman glanced at defendant and he walked away.

When another bus arrived defendant boarded it and stood alongside of a woman passenger in the crowded aisle. Defendant opened her purse and put his hand partially into it. At this time the bus jerked, and the woman glanced down and shut her purse. The officers then arrested defendant and took the name of the woman whose purse had been opened.