People v. Rozell

SCHOTTKY, J.

Ruby Rozell- appeals from an order granting her probation after a jury found her to be guilty of the crime of grand theft by false pretenses. The basis of the charge was fraudulent receipt of welfare funds under the aid to needy children program.

In 1959 Ruby Rozell, -the mother of four minor children, applied for aid -under the. aid. to needy children program. At this time she was told that it was incumbent upon her to notify the county welfare department “of any transactions, changes in income or other financial conditions,” -and she agreed to do so. -She then commenced to receive ■ assistance. • In the latter part of 1960 her eligibility for assistance was reviewed. She did not inform the social welfare worker that any unrelated adults were living with her and her . children. In March 1961 her eligibility was terminated because of a question as to the extent of her income from outside employment. In July 1961 Mrs. Rozell reapplied for assistance. In this application she stated again no unrelated adults were living with her family. She then continued to . receive aid through January 1962.

The basis of the charge of grand theft is that while Ruby Rozell was-receiving aid an unrelated male person was living with her. By section 1508 of the Welfare and Institutions Gode 'and by regulation the welfare department was authorized to consider the income of a “stepfather or an adult male person assuming the role of spouse to the mother” in computing the aid to be granted.

The evidence to support the determination that an adult male had assumed the role of a spouse follows:

-.-■Ruby Rozell purchased a television combination from a dealer on November 3, 1960. She signed the contract as Mrs. Colvin. In December 1960 she signed an application for credit as Mrs. Colvin. She, as Ruby Colvin, and Wilson Colvin purchased a used automobile in November I960, They both signed the conditional sales contract.

[877]

Wilson Colvin was employed by the City of Sacramento in its waste removal department as a refuse pickup man. He gave his employer the address 127 Seavey Circle, which was Ruby Rozell’s address, as his residence. On two occasions in 1961 after he, Wilson, had called his employer and stated that he would not be in a foreman called at 127 Seavey Circle to verify Colvin’s claim of illness and found Wilson Colvin there.