People v. Hall

TYLER, P. J.

Appellant Hall,

alias

E. C. Rice, was jointly tried and convicted with Thomas J. Lewis,

alias

Leo A. De Grasse, of the crimes of attempt to commit grand theft and conspiracy to commit the same. This appeal is from the final judgment of conviction and from orders denying each of defendants a motion for a new trial. As one of the points relied upon for a reversal is that there was no proof of falsity of alleged representations, a somewhat extensive review of the evidence becomes necessary.

Defendant Lewis, operating under the assumed name of Leo A. De Grasse, introduced himself to one Prank W. Stine and his wife, who were traveling in their automobile across the continent. Lewis presented his card, which indi

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cated he was a director of the Fox Film Company. Upon arriving in Oakland Lewis suggested that they all stop at a certain hotel. This they did. Shortly thereafter, while Stine and his wife were sitting in the lobby talking to Lewis, appellant Hall appeared and was introduced to the Stines as a betting commissioner for a rich man. Lewis and Hall, in the presence of Stine and his wife, then began talking about betting on horse-racing. Hall stated that he had been in the business for thirty-one years and had never lost a bet, as the people he worked for had a private wire whereby they knew ten minutes before each race the horses on which to bet. Lewis asked Hall if he could give him a tip on a race or make a bet for him so that he might make some money. Hall explained that he was not permitted to make any wagers for himself but that if Lewis wished to bet, he, Hall, would advise him which horse would win. Thereupon Lewis was informed what horse would win a certain race, and Hall gave him his supposed membership card so that Lewis might enter the “Exchange” and make his bet. Lewis took the card and disappeared. He returned in a few minutes and stated he had made his bet, and later showed a sum of money which purported to be the amount he had won. Another bet was made and won, and then Hall stated that the people operating the “Exchange” were reluctant to take bets as small as $1500 and that he was going to make a larger one. Hall thereupon handed Lewis what purported to be a credit slip for $50,000, together with the amount of their previous purported winnings, and told Lewis to bet the amount on a certain horse. Lewis returned and stated he had made the bet. Hall then left and shortly afterward returned with the information that they had won $103,300. The membership card was then given to Lewis- with instructions to collect the winnings, together with the amount bet, or $153,300 in all. Upon his return Lewis produced a draft for $153,300, which he claimed the ‘1 Exchange ’ ’ issued to him and informed Hall and the Stines that the people at the “Exchange” demanded, before cashing the draft, that the winner would have to produce $50,000 in money in order to prove that this sum could be collected by the “Exchange” if the horse they bet on had lost. Hall then stated that he could easily produce the sum, stating he had a rich uncle in the east who would advance him the money. He then