People v. Payne

MARKS, J.

Appellant was accused by an information filed by the district attorney of Orange County, of the crime of grand theft. It was alleged that on or about the fourth day of September, 1930, he did wilfully, unlawfully and feloniously steal, take and carry away three 500-dollar “Straus” bonds of the value of $1500 in gold' coin of the United States, the personal property of Mrs. Nellie F. Wagner. The case was tried before a jury, which returned a verdict finding appellant guilty as charged. From the judgment pronounced upon him, and from the court’s order denying his motion for a new trial, he has taken this appeal.

The evidence discloses that Clifford F. Reid, Incorporated, was selling agent for lots in the Hollywood Riviera in Los Angeles County, California. It maintained a branch office in the city of Santa Ana, California", out of which appellant worked as a licensed salesman.

On September 4, 1930, appellant went to the home of Mrs. Wagner in the city of Anaheim, California, and discussed with her the purchase of a lot in the Hollywood Riviera. He took her to see the lot on the afternoon of this date and told her that she could' make considerable money if she bought it at the purchase price of $3,650. She told him that she had nothing except three $500 bonds of the Straus Company to pay on the lot. He replied that the bonds would be accepted as a payment of $1500 on the purchase price and the two returned to Anaheim where appellant made out a contract of purchase and sale of the lot on the forms furnished him by his employer. These were signed by Mrs. Wagner and' by appellant. The next morning appellant returned to Mrs. Wagner’s home and they went to the bank and secured the bonds from her safety deposit box, which she delivered to him, he delivering one copy of the contract to her.

[110]

Appellant did not deliver the bonds nor their value to Clifford F. Reid, Incorporated, nor did he report the sale of the lot or- turn over the contract to his employer, all of which the terms of his contract of employment required him to do. As Clifford P. Reid, Incorporated, had no knowledge of the purported sale of the lot to Mrs. Wagner, it was sold to another purchaser after September 5, 1930. The' theft of the bonds was evidently discovered some time in December, 1930, as the treasurer of Clifford F. Reid, Incorporated, testified to a conversation he had with appellant shortly before Christmas of that year in which appellant admitted that he had neither delivered the bonds he had obtained from Mrs. Wagner, nor their value, into the company, nor had he reported the sale to it. He promised to obtain $1500 from his father, who was in Colorado, to replace the value of the bonds and deliver it to the treasurer of the company on the Wednesday before Christmas. This he did not do.