People v. Perrin

STURTEVANT, J.

J.—The defendant was charged by information with the commission of a felony, he entered a plea of not guilty and was tried before the court sitting with a jury; the jury returned a verdict finding him guilty as charged in the information; he made a motion for a new trial and in the motion stated all of the statutory grounds; his motion *was denied, and he has appealed from the judg

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ment of the trial court and its order denying him a new trial.

For many years prior to raisin day, April 26, 1923, Clement A. Larre had resided near Fresno. While residing in that neighborhood he had accumulated sufficient funds to own the small property on which he resided and to have four thousand dollars on deposit in the Bank of Italy.

Some of the facts contained in the record are as follows: Prior to the date mentioned Peter Perrin, the defendant, had been working as waiter, bartender and cafe attendant in and about Tijuana. At that place he had heard at least one sure-thing man describe the so-called “can-game.” Recognizing the possibilities, he determined to make an attempt to Work the game on some person whom he might locate. Accordingly, he went to Fresno and was there on raisin day. While standing on the street he observed Larre and approached and entered into a conversation with him. Finding that Larre was a Basque, he expressed his pleasure and continued to converse with him for two hours or more. In that conversation he inquired where Larre lived and also as to whether Larre had any money. The prosecuting witness frankly stated that he had about four thousand dollars in the bank. The second day after raisin day Perrin called at the home of Larre where he met both Larre and Larre’s wife, and visited with them two hours. The next day after that he called again and met the same persons and also their son. On one of these visits he took with him a bottle of wine, and that he worked swiftly in ingratiating himself in the confidence of Larre is evidenced by the fact that on one occasion he made the statement “I love you like my father.” On the visit last mentioned he made arrangements to meet Larre at the Free Market in town the next day. Pursuant to that appointment they met and shortly thereafter Perrin introduced Larre to another man who is referred to in the record as John Doe. Their new acquaintance asked them if they spoke French and expressed his delight in meeting gentlemen who spoke French. He also stated to them that he had been three days on the train and that he was stopping at the Palace Hotel. He said his father had been an architect in Fresno for a number of years and had become a very rich man, and that an automobile ran over and killed him. Before dying the father told the speaker that fifty thousand