People v. Beach

WOOD (W. J.), J.

Defendant was charged with grand theft in each of two counts of the information. In the first count he was charged with the theft of $5,000 and in the second count he was charged with the theft of $980. He was also charged with three prior convictions. At a trial by the court without a jury he was found guilty on both counts of the information and the court also found that the charge of the first prior conviction was true. Defendant has appealed from the judgment and from the order denying his motion for a new trial.

The complaining witness, H. A. McDonald, while walking on Figueroa Street in Los Angeles at about 4:30 o’clock in the afternoon of February 28, 1943, with Margaret Ivers, found $7,000 in United States currency, consisting of seven bills each of the denomination of $1,000. He took the bills to a drug store and asked the clerk whether they were counterfeit. Upon being assured that the bills were good, McDonald went to his hotel, where Miss Ivers remained. He

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later went to a drinking establishment known as the Turf Club, and was there joined by Miss Ivers. At the Turf Club he exhibited the various bills and tendered one of them to Mr. Lane, one of the proprietors, telling Mr. Lane that he had sold a car. Lane was unable to make change for the $1,000 bill but he gave McDonald $20 and a “note” for the $980. The bill was left with Lane. Among those at the Turf Club who saw the bills was one Gil Martin who then met McDonald for the first time. Two hours later the two men left the club together, at which time McDonald informed his new acquaintance of his find. Miss Ivers returned to the hotel. Having left Martin at the corner of Eighteenth and Figueroa Streets, McDonald went to another bar and finally arrived at his room in the Kerby Hotel, some time after midnight.

A few moments had elapsed when McDonald heard a knock at his door. He opened the door and defendant entered the room, exhibited a badge and told McDonald that he was a detective. Defendant also stated that he knew the owner of the money which McDonald had found and that he had come to get the money. He also demanded the note for $980. McDonald asked defendant to whom the money belonged but defendant said that there was $3,000 more and when the rest of the money was found he would tell who the owner was. He also-said that there would be a reward and that McDonald would get his share. McDonald handed the bills to defendant.