People v. Gibson

SHAW, J.

By information filed by the district attorney defendant was charged with the crime of grand larceny, and upon trial therefor he was convicted. The appeal is from the judgment and an order denying defendant’s motion for a new trial. He contends for a reversal upon two grounds, namely: that the evidence is insufficient to justify the verdict and errors of the court in instructing the jury.

The subject of the larceny was a watch of the value of $35 and $65 in coin, which were stolen from the trunk of the prosecuting witness. The evidence tends to show that at the time of the theft this trunk was in a bunk-house occupied by defendant, the prosecuting witness and two or three others, all of whom were engaged in constructing oil rigs in the MeKittriek oil fields; that the watch and $65 in coin were in the trunk at noon on July 15th, and that defendant ceased work as an employee and left the bunk-house on the afternoon of that day, going to the town of MeKittriek; that on the day following the owner discovered that the property had been stolen; that on July 19th defendant presented the watch alleged to have been stolen by him to a pawnbroker in the city of Los Angeles and, claiming to own it, negotiated a loan thereon. The defendant offered no evidence whatever. The possession by defendant of a part of the stolen property three or four days after the theft was. in itself, in the absence of

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any explanation on his part, a circumstance tending to show guilt. Standing alone, it was not sufficient to justify a conviction, but added to this is the fact that he asserted ownership thereof, a circumstance which, when taken in connection with the fact that both the coin and watch were in the same receptacle and missed at the same time, not only warranted the jury .in concluding that defendant had stolen the watch which he claimed to own, but had likewise and at the same time stolen the $65 in coin.

(People

v.

Melvane,

39 Cal. 614.) Where, in the absence of any evidence on his part, it appears that a defendant is found in possession of recently stolen goods, slight corroborative evidence of other inculpatory circumstances will justify the submission of the case to the jury.