People v. Williams

MOORE, P. J.

Appellant was convicted of petty theft with prior convictions of felonies. He appeals from the judgment and from the order denying his motion for a new trial. Pursuant to stipulation of counsel the case was tried to the court without a jury. The only attack made upon the judgment is the insufficiency of the evidence to support it.

The facts given in evidence by the People’s witnesses and adopted by the court are substantially these; On January 7, 1945, at the request of David Harris appellant was at the Harris home in Los Angeles for the purpose of assisting in the moving of some furniture. While there appellant was seated in the Harris living room for about 30 minutes on a divan at the end of which was a small table. While he was so seated Mrs. Harris was occupied in the kitchen and for 15 minutes or more Mr. Harris was intermittently in and out of the living room. Mrs. Harris had left her purse on the table where it lay during the forenoon. She last saw it about 11 o’clock. Her husband also observed it there both before he left the house about 12:30 p. m. and after his return with appellant. The two men departed from the house for the furniture in a truck driven by Williams. As they approached

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the intersection of Main and Almira Streets appellant observed his brother-in-law, Lucian Haddocks, and stated that he desired to talk to him about a drink. Haddocks was there engaged in conversation with one Stokes. Appellant jumped from the truck and walked back to meet Haddocks. Leaving Stokes where he stood, Haddocks approached appellant and when they met the latter took from his pocket a coin purse impliedly found to have been the property of Mrs. Harris, gave it to Haddocks and asked him to keep it until appellant returned. He resumed his journey with Harris while Haddocks, without showing the purse to Stokes, took it to his home. About four o’clock in the afternoon he first examined the pocketbook and inspected its contents but removed nothing therefrom. He saw that it contained $21 in currency, three pennies and three tokens; also a white gold watch and a lady’s silver ring. About an hour later appellant called at the Haddocks’ home, asked for the purse and received it, stating that he had found it. At the same time he repaid Haddocks $1.75 borrowed a few days prior thereto. Mrs. Harris established the value of the jewelry and testified that she had never given appellant permission to remove it from her home. Five days after the disappearance of the purse and its contents Haddocks and appellant engaged in a fight in which Haddocks was cut, necessitating his hospitalization. During his convalesence he was visited by Harris when the missing property was discussed. While Haddocks denied that Harris had tried to induce him to testify against appellant the latter urges the incident of Harris’ visit and conversation with Haddocks as a basis for the reversal of the judgment.