People v. Terkanian

[461]

MARKS, J.

Defendant was charged with the crime of assuming and attempting to act and acting, without a license, as a “dealer” as defined in subdivision “f” of section 1261 of the Agricultural Code. He was found guilty and sentenced to serve six months in the county jail. He has appealed from the judgment.

Defendant urges three grounds for reversal: (1) That the evidence is not sufficient to support the verdict and judgment; (2) alleged error in sustaining an objection of the district attorney to a question asked by counsel for defendant on cross-examination of L. 0. Whitmer, the complaining witness; (3) that subdivision “f” of section 1261 of the Agricultural Code is unconstitutional.

In our statement of facts we will confine ourselves to a summary of those facts supporting the judgment. Many of these facts were denied by defendant. The jury accepted those which we will detail as true and disbelieved the testimony of defendant. As we cannot reverse a judgment merely because of conflicts in the evidence, we will disregard such conflicts here.

L. 0. Whitmer was a grapefruit grower in Imperial County. Among others, he had two groves, one of fifty-five acres and another of ten acres. His crops had been badly damaged by frost in 1937.

In March, 1937, defendant purchased the crop on the fifty-five acre grove for $6.50 per ton on the trees. By mutual agreement the contract was changed to a stated purchase price of $400. Defendant picked and removed this crop and paid $350 on account of the purchase price. The balance of $50 remains unpaid.

Shortly after the first contract was made defendant purchased the fruit on the ten acre grove for $6.50 per ton. He picked and removed the fruit and has paid nothing for it.

Defendant was not licensed under the provisions of division six, chapter six of the Agricultural Code. Section 1263 of that code prohibits any person from acting as a dealer without first obtaining a license from the director of agriculture. Section 1273 provides the penalty for persons who assume or attempt to act as dealers without first obtaining licenses.

Subdivision “f” of section 1261 of the Agricultural Code thus defines a dealer: