People v. Flumerfelt

WOOD, J. —

Defendants Flumerfelt and Ardelle were convicted of the crime of grand theft at a trial before the court without a jury. Both defendants appeal from the judgment of conviction and from the order denying their motion for a new trial. At the same trial defendant Ardelle was convicted of the crime of violating the Corporate Securities Act and she has appealed from the judgment and from the order denying her motion for a new trial.

From the evidence presented by the prosecution it appears that defendant Ardelle sold to Dr. A. G. Tibbetts for the sum of $2,000 stock in Acme Gold Dredging Company, a corporation, which, according to the representations of said defendant, owned a placer mine in the northern part of California. Thereafter both defendants told Dr. Tibbetts that they were buyers and sellers of gold in Mexico, that they had been in that business for a number of years and needed money to conduct the business. Thereupon Dr. Tibbetts delivered to defendant Ardelle the sum of '$450. Thereafter defendants told Dr. Tibbetts that the gold in Mexico had accumulated to such an extent that they did not have enough money to handle it. At their request Dr. Tibbetts delivered to them the sum of $2,000 on July 16, 1936. About five weeks later defendants returned to Los Angeles and told Dr. Tibbetts that they had run across some Indians in Mexico who had more gold than they had ever dreamed of, defendant saying “and inside there were Indians standing all around the room, and in one corner, on the floor, there were sacks and bars of gold”. Defendants told Dr. Tibbetts that they could not get any of the bars of gold because the Indians would not sell less than $25,000 worth at a time and that they had returned to raise this sum. They told Dr. Tibbetts that $7,000 was the lowest sum that they would need to handle the matter. Dr. Tibbetts then became suspicious and demanded the return of his money. The sum of $400 only was returned. About two weeks later defend

[497]

ant Ardelle telegraphed Dr. Tibbetts requesting him to meet her at the Glendale airport. On the drive from the airport to her hotel defendant Ardelle opened her handbag and displayed what she said was one of the gold bars of which she had spoken previously, stating that it was valued at from $7,000 to $8,000. It was arranged that defendants should show the gold bar to Mrs. Tibbetts at her residence the following day. Dr. Tibbetts consulted a lawyer, who filed suit and made arrangements to attach the gold bar when it was brought to the Tibbetts residence. When the bar was brought to the Tibbetts residence a deputy sheriff seized it. After the deputy left defendant Ardelle turned to Dr. Tibbetts and said: “Do you realize what you have done? You are sending us to prison”. Defendant Flumerfelt approached Dr. Tibbetts and said: “I could choke you and choke you and choke you until you are dead”. However, no choking took place and shortly thereafter defendants departed. The bar which was attached was not gold.