People v. Reeves

SHINN, J.

*

Truman Reeves, his wife Dorothy, Ernest Stoelting, John Holberton, Earl Lange, Robert Lange, Charles Williams and Merrill Finley were accused by information of conspiracy with each other and “with other persons, names unknown” to violate section 484 of the Penal Code (theft) in violation of section 182 of the Penal Code.

[491]

The court granted a motion of Holberton for dismissal under section 995, Penal Code. During the trial, upon motion of the prosecutor that he intended to use Stoelting as a witness for the People, the court discharged Stoelting. The trial proceeded to a jury; Bari Lange, Robert Lange and Williams were acquitted and Truman Reeves, Dorothy Reeves and Finley were convicted. Truman and Dorothy made motions for a new trial which were denied. Finley’s motion for a new trial was granted, his case was submitted to the court and he was acquitted.

Truman and Dorothy Reeves appeal. Their brief advances numerous grounds for reversal of the judgments.

We consider first the consequences which arose from the fact that of the eight defendants charged with conspiracy only a husband and wife stand convicted.

The offense charged was committed in 1963. At that time it was the law that a husband and wife could not criminally conspire with each other. The jury was instructed that this was the law. It was not charged that any conspiracy was entered into after it was decided by the Supreme Court that a husband and wife could conspire with each other to violate the law.

(People

v.

Pierce,

61 Cal.2d 879 [40 Cal.Rptr. 845, 395 P.2d 893].) Prior to that time an agreement of a husband and wife to violate the law was not a crime.

The facts of the case may be stated in broad outline. Truman Reeves caused the incorporation of United Missionary Corps (U.M.C.); Dorothy was one of the incorporators. They set up shop in a rented house in Glendale as headquarters from which to carry on their operations. Their plan was to solicit funds from door to door to be used for the distribution of religious literature, including bibles in several languages. Through newspaper advertising which promised earnings of $2.25 per hour for persons without business experience a force of more than 40 workers was recruited and maintained. The workers were schooled in what is inelegantly but commonly known as a “pitch.” They wore uniforms, went from door to door soliciting funds for the distribution of bibles, and would also promise that prayers would be offered on behalf of any unfortunates who felt themselves in need of divine assistance. There were groups under the leadership of crew chiefs. Territory was allotted to the different groups and as one territory was worked out new territory was assigned. The money was turned in each day. Bach solicitor received as compensation 60 percent of his collections; 10 percent went to