People v. White

CXJBTIS, J.

The defendant was charged with the crime of forgery. An indictment was also filed against him containing six counts, in four of which he was charged with the crime of grand larceny and in the other two with embezzlement. Both cases were tried together and the jury rendered verdicts finding the defendant guilty of all seven charges. Defendant, appeals from the judgments entered against him, and also from an order denying his motion for a new trial.

The only argument made by defendant is upon his contention that the evidence is insufficient to support the judgments rendered against him on the four charges of grand larceny. While the facts in support of these four charges are entirely different, in so far as the names of the parties and the amounts involved are concerned, yet the general

[705]

plan or scheme followed by the defendant in securing the various sums of money from the several complaining witnesses was practically the same in each of the four transactions. It will not, therefore, be necessary to detail the testimony relating to all four charges, and we will, for the sake of brevity, confine ourselves to a review of the testimony involved in the charge set forth in count one of the indictment. The facts in the case . are undisputed, as the defendant offered no evidence in his behalf. The defendant represented to J. Q. Alexander, the complaining witness in count number one, that he had an option on a bungalow, including the furniture, situated at number 4380 Denker Avenue, in the city of Los Angeles, for $6,300', and that $750 would handle it; that he could sell and make from one thousand to fifteen hundred dollars on the deal; that the option would expire at noon on that day; that if Alexander wanted the option he could have it at the price quoted. Thereupon, Alexander gave to the defendant the former’s check for $750. Defendant accepted the check and informed Alexander that he would escrow the deal with one of the title companies in said city, and that a card would be received by Alexander in a short time from said title company informing him of said escrow. Just before he left Alexander the defendant voluntarily gave his own check to Alexander for $850, remarking at the time, “I am going to leave you just $100 in excess of your investment, to show you my faith in it.” The check for $750 was cashed by the defendant, but he failed to place it, or the money received thereon, or any papers, in escrow as agreed, but converted the proceeds of said cheek to his own use. The evidence further show's that the defendant had no option to purchase the property, as represented by him to Alexander, nor was there any such property as described by defendant at No. 4380 Denker Avenue, nor was there any such number as 43-80 Denker Avenue. Alexander ascertained these facts and endeavored to find the defendant, but learned that he had left the city of Los Angeles. He then presented the defendant’s check for $850 to the .bank upon which it was drawn for payment, which was refused. Later the defendant returned to Los Angeles and Alexander made numerous attempts to have the defendant repay to him the $750, all of which were unsuccessful. These negotiations continued