People v. Cook

ROTH, P. J.

Appellant was convicted in a nonjury trial of violating Penal Code, section 487, subdivision 1: grand theft. She appeals from the judgment.

On March 2, 1963, the manager of a men’s clothing store in Los Angeles noticed a man leaving through the back door of the store carrying a number of suits. He followed the man out the door, saw him enter a parked car, the engine of which was racing, and then approached the man and told him to

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drop the suits. The man turned to appellant who was seated behind the steering wheel and said something which the manager could not hear. The manager repeated his demand to which neither the man nor appellant responded. The manager then went to the rear of the car, removed a cloth covering the license plate and wrote down the license number.

An inventory check revealed that eight suits, valued by the manager at $29.95 apiece,

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had been stolen.

On April 8, 1963, appellant was arrested and interrogated at the Los Angeles County Jail. Officer Beruk testified that at that time he said to appellant “we had a burglary report where a car was used. I told her the license number, particularly where this burglary had occurred, where this fellow went into the store and removed I think it was eight suits at the time. ... I named the store and the address on Crenshaw Boulevard. She says, ‘I know what you are talking about. As to the fellow’s name, his address where he lives, I will not tell you. ’

“I asked her if she retained any money from the suits or got any money from the suits. She said no.

“I asked her if she knew where the suits were presently. She said, ‘No. I do not know where they are.’

“She said she drove her mother’s car. ... I don’t recall the license number. She said she drove the car there and she drove it away . . .

“Q. When she said she drove the ear over to Riehman Bros., did she say she went there with this other man and she refused to give you his name? A. Yes.”