People v. Coleman

WOOD, P. J.

Defendant was accused of grand theft in that he did unlawfully take tools of a value in excess of $200, which were the property of Willie Smart. In a trial by jury he was found guilty. He was sentenced to imprisonment in the state prison. He appeals from the judgment.

Appellant contends that the evidence was insufficient to support the verdict.

A vacant lot and a shed at 12600 Wilmington Avenue, which formerly had been used as a gasoline service station, were being used by various persons as a place for repairing automobiles. Some of the persons repaired their own automobiles. It seems that Clarence Robinson was regarded as the proprietor or person in charge of the place.

Willie Smart, an automobile mechanic, testified as follows: Before September 19, 1962, he had been at said place repairing a 1956 Ford car. On September 19, about 11 a.m., when he decided to go to Gardena to get a crankshaft, he placed his tools in the trunk at the back of the Ford, locked the trunk and doors of that ear, and put the keys in his pocket. He went to Gardena in another car. When he returned to the Ford about 3 p.m. of that day, and looked in the trunk, the tools were not there. Three drawers of the tool box were empty, and his jacket and other things were also missing. He had not given anyone permission to take the tools. The value of the tools was about $800. He had bought some of the tools from the Snap-On Tool Company in April, and had paid $600 for them; and he had bought some of the tools from Sears and was still paying therefor. Defendant Coleman was about 10 feet from the Ford when Smart left to go to Gardena. Clarence Robinson and Clarence Jones were the only persons at the repair place when Smart returned. After the police arrived, he (Smart) noticed that the glass in a front windwing had been cracked.

Clarence Jones, called as a witness by the prosecution, testi

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fied as follows: That on September 19, while was was repairing his ear at said place, he saw the defendant Coleman and Clarence Robinson doing something at the left front door of the Ford which Smart had been repairing. Thereafter he saw that defendant Coleman had the Ford trunk unlocked and open, and that he was taking tools out of the trunk and putting them in a 1957 Dodge car. Then the defendant Coleman drove the Dodge away and did not return until approximately 5 p.m. The police were there when Coleman returned. Coleman, who had been around the place a few days prior to September 19, was washing cars for Robinson.