People v. O'Toole

THOMPSON, J.

The defendant was convicted by a jury of the crime of grand theft, accomplished by stealing from E. C. Clarenbach the sum of $375. It is claimed the judgment is not supported by the evidence for the reason that no one testified to having actually seen the defendant take the money, and because the identical currency was not identified.

There is no merit in the appeal. Reading the record leaves no doubt of the guilt of the defendant. There is ample evidence to support the verdict and judgment.

Mr. Clarenbach was a tractor mechanic who lived in Stockton. September 27, 1933, he sold a tractor, receiving as part payment therefor the sum of $250 in greenbacks. With this money on his person he spent the afternoon and night drinking and gambling. He won $125 at gambling. He then had $383, consisting chiefly of 20-dollar bills, together with some change in silver coins.

About 5 o'clock on the morning of September 28th, in company with a friend by the name of Walker, he entered the North Hunter Street Saloon in Stockton, where they were well lmown. Walker persuaded Clarenbach to deposit his roll of greenbacks with Fiscus, the bartender. He left with him $375 in currency taking a signed receipt therefor. Walker soon went away. After remaining about the saloon for a couple of hours, Clarenbach went out in search of his automobile, which he had parked near by. At the corner of Market and Center Streets he met the defendant in company with two itinerant friends. One of them was named Williams, with whom he had slept the preceding night at

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the Salvation Army barracks. The defendant had no money. He had known Williams only three days. He borrowed fifty cents from AVilliams on the assertion that “he was broke.” During the time he was in Stockton he lived on charity and displayed no- evidence of having any money.

It was about 7:30 on the morning of September 28th when Clarenbach met the defendant and his companion. The defendant begged for money with which to buy his breakfast. Clarenbach invited him to go with bim and offered to buy him a meal. They went together to a restaurant and Clarenbach paid for the meal. They then returned to the place where the defendant’s companions sat, and Clarenbach and the defendant soon left together, going toward the North Hunter Street Saloon. Half an hour later the defendant returned to the place where his associates still sat upon the running-board of an automobile, and boasted of having robbed Clarenbach. Williams testified in that regard: “O’Toole came back and flashed the money under our nose. He said he took it—took it as easy as taking sugar from a baby.” The defendant then started out on a profligate spending of money, carefully avoiding the North Hunter Street Saloon. He flourished money about, buying drinks for many and offering a 20-dollar bill from which to pay for a package of cigarettes. He carelessly thrust currency in nearly every pocket of his clothing.