People v. Smith

FOX, P. J.—

Defendant, Ernie Adolphus Smith, and his codefendant, Jessie James Lieser,

*

were jointly charged with burglarizing the Hughes Electronics Company on May 26, 1961. They were also charged with three counts of forgery and one count of conspiracy to commit forgery. They were acquitted of the burglary charge and convicted on the other four counts. Smith has appealed from the judgment and sentence.

It appears that the premises of the Hughes Electronics Company were broken into during the night of May 26. Among the things stolen was a group of blank company payroll checks numbered from 325 to 400. The signature, E. E. Hughes, appearing on each of these checks was not the signature of Elroy Hughes of the Hughes Electronics Company. Also missing was a check bearing the number 106 and the genuine signature of E. E. Hughes.

On the afternoon of May 28, three of these checks in the amount of $71.42 each were passed at the Fox Market, 3024 Sepulveda Boulevard, Mayfair Markets, 8770 West Pico and Sav-On Drug Store, 3010 Sepulveda Boulevard. These checks were passed by defendant Lieser who was operating under the name of Traynum Edward Wade. He made small purchases in each of these stores, tendered one of the forged checks and

[254]

received the difference in cash. He also presented a driver’s license in the name of Traynum Edward Wade as identification. A cash register receipt showing the name of the mercantile establishment and the amount of the purchase was placed in the respective grocery bags.

At about noon on that day, Officer John A. Huie of the Los Angeles Police Department “received a radio call that two male Negroes were selling watches in the parking lot behind Sav-On and Fox Market.” The report indicated that the watches had been stolen. The officer went to the designated area to investigate the suspected theft of the watches and their reported sale. Upon reaching that locality, the officer stopped a colored boy by the name of Campbell, whom he had previously known, and inquired “Where is your buddy that was selling watches?” The boy “indicated that he was behind the Fox Market in that parking lot selling the watches.” Pursuing his investigation in the area, the officer first observed defendant Smith “walking down a little alley by a parking lot.” The officer asked him if he knew anything about selling watches. Defendant replied that “he didn’t know anything about selling watches.” The officer then asked him “where he was coming from and where he was going. He said he was just looking for a job and was going over to Sepulveda Boulevard to catch a bus. ’ ’ The officer immediately recalled that there are no busses on Sepulveda. The officer asked him for his identification. Apparently at this time he gave the officer his name. The officer asked defendant if he had a car. He said “no,” that his mother was using the car that he owned. The officer then radioed police communications to find out if defendant was wanted or if he had a prior record. He was advised that defendant was wanted on two outstanding traffic warrants. The officer asked defendant about them. He replied that “he just forgot to pay for them. ’ ’ It was at this point that defendant was placed under arrest.