People v. Santora

NOURSE, P. J.

The defendant appeals from a judgment entered upon the verdict convicting him of grand theft and from the order denying his motion for a new trial.

On the morning of June 11, 1940, the defendant stopped the complaining witness on the street and asked him for directions to a certain address. The witness replied that he knew of no such street. During the conversation defendant’s accomplice, Sternberg, approached but upon questioning stated that he also knew of no such address. As the complainant proceeded along the street with the two strangers, defendant told him that he had collected $30,000 for the death of his brother which sum he desired to divide between a certain church and an orphanage. Defendant stated that he would give Sternberg and the complainant $1,000 apiece if they would take him to an attorney or notary who would aid him in disposing of the money, and if they would prove to him that they were honest. Sternberg thereupon entered a bank and returned with a large sum of money as proof of his honesty; he took the complainant aside and urged him to take

[710]

advantage of the opportunity. The witness secured his bank book from his home and obtained $1,000 from his bank, signing a promissory note as security. When he showed the money to defendant the latter stated that he was convincéd of the complainant’s- honesty.

About this time defendant complained of a headache, and ' Sternberg crossed the street to procure him some medicine from a drugstore after first giving the complainant his money to hold in order to prove that he trusted the witness. Stern-berg returned with the wrong medicine and the complaining witness went to the store to exchange it. At defendant’s suggestion he handed his $1,000 to Sternberg to hold until his return in order to prove that he trusted Sternberg. When the complainant came out of the store the defendant and his accomplice had disappeared. The two men were arrested on June 16, 1940, as they left a tavern; at this time Sternberg, in the presence of the defendant, sought to bribe the police officers in order to secure their freedom.

An indictment was filed against the defendant and Stern-berg on June 24,1940, jointly charging them with grand theft. They were released on bail and fled the state. Defendant was apprehended in New York City and was brought back to San Francisco, but his accomplice is still at large. On March 4, 1941, the court denied the defendant’s motion to dismiss the action under section 1382 of the Penal Code. At the conclusion of the trial the jury returned a verdict of guilty. Defendant’s motions for new trial and probation were denied and a judgment was entered upon the verdict sentencing him to San Quentin Prison.