People v. Bateman

STURTEVANT, J.

The grand jury presented an indictment against L. L. Bateman, Raymond Bateman, James Arp, and W. C. Dorris. The indictment was framed in two counts. In the first count it was charged that the defendants conspired to commit the offense of receiving stolen goods. In the second count it was charged that the defendants committed the offense of receiving stolen goods. The defendants pleaded not guilty. A trial was had before the trial court sitting with a jury. The jury returned a verdict acquitting the defendant L. L. Bateman on the conspiracy charge, and it returned a verdict convicting him on the other charge. From a judgment entered on the verdict and from an order denying a motion for a new trial that defendant has appealed.

The transcript contains upwards of 1,000 pages. During the trial fifty or sixty witnesses were called and examined. Some of the witnesses gave evidence regarding acts and declarations of the alleged conspirators. Other witnesses testified to other facts and circumstances, but the defendant does not claim that the trial court erred in ruling on the admission of evidence or in giving instructions.

The defendant claims the trial court had no jurisdiction because the property was not

received

in San Fran

[111]

cisco. The defendant states that “(a) A person charged must receive or buy the property; (b) he must know that the property was stolen; (c) the purpose or intent to prevent the owner from again possessing the property, or for the receiver’s own gain must also exist.”

(State

v.

Pray,

30 Nev. 206 [94 Pac. 218, 221].) He then asserts that the jurisdiction of the charge rests in the court of the place where the property was received

(People

v.

Zimmer,

174 App. Div. 470 [160 N. Y. Supp. 459]; 16 C. J. 168, sec. 214). We do not understand the prosecution to dispute any one of these claims except as to the correctness of the facts on which they are based. It is an admitted fact that the property was stolen from the owner in San Francisco June 1, 1929. This defendant and W. T. Davis both came from Bakersfield to San Francisco and on July 2, 1929, they occupied adjoining rooms at Hotel Holland. On July 17, 1929, Bay Bateman telegraphed $2,300 to L. L. Bateman at San Francisco and the draft was paid on the same day. Early in July the jewelry was in Bakersfield and was from time to time either as a lot, or piece by piece, exhibited as in the hands of W. T. Davis, James Arp, Bay Bateman or others. Each one attempted to malee sales of the articles. In Bay Bateman’s restaurant in October, 1929, the defendant, L. L. Bateman, his son Bay, Dorris, and Smith were having breakfast. Dorris said to the defendant: “It looks like you will have to make another trip to Chicago, and if you do, take the string along, you can raise more money on that than anything we have got.” Later, on January 21, 1930, Jackson and Tatham, detective sergeants on the police force in San Francisco, went to Bakersfield and called at the house of Bay Bateman, the son of this defendant. When they were admitted to the house Mrs. Bateman had on her finger a guard ring set with many diamonds. That ring had been reset by order of Bay Bateman and had one more diamond thereon than the guard ring which had been stolen from Mrs. Dinkelspiel. The detectives took possession of it, gave Mrs.' Bateman a receipt therefor, and left to call on Bay Bateman. When Tatham called on Bay Bateman he told the latter that he had just got the ring from Mrs. Bateman and that the ring had been stolen in a burglary in San Francisco. Bay Bateman made an appointment for Tatham to see the defendant. When Tatham