People v. Ingles

BARNARD, P. J.

The grand jury of San Diego County returned an indictment against Martin Ingles, Gladys Ingles and Linda Armstrong, charging in eight separate counts the crimes of conspiracy to commit the crime of grand theft, and grand theft. The odd-numbered counts charged the crime of conspiracy to commit grand theft from four separate persons or sets of persons. The even-numbered counts charged the commission of grand theft from these respective parties. Before trial, on motion of the People, counts I, II, V and VI were dismissed. During the trial the remaining counts were dismissed against all of the defendants, except the fourth and eighth counts against the defendant Martin Ingles. As it finally remained, the indictment in the fourth count charged Martin Ingles with feloniously taking the property of Lottie Dinklage and Charles H. Dinklage, consisting of a Republic of Cuba bond of the value of $12,000, and in the eighth count charged Martin Ingles with feloniously taking the property of Emma J. Peabody, consisting of a first mortgage of the value of $2,500. The defendant was convicted on the fourth and eighth counts, and this appeal is from the judgment which followed and from an order denying a motion for a new trial.

Appellant’s principal contention is that the evidence is not sufficient to sustain the judgment, it being contended that it fails to show a felonious intent, corroboration of the testimony of the complaining witness that false pretenses were made, and that any fraud was committed. In short, the appellant argues “where a prosecutor gets out of the transaction just what he bargained for, no offense is committed”. While this may be true, it cannot be said that a person gets what he bargains for although he gets the same article, if the article is of a value far less than that for which he bargained

(People

v.

Helmlinger,

69 Cal. App. 139 [230

[25]

Pac. 675]). Appellant relies largely upon conflicts in the evidence, with which we cannot be concerned.

First considering the fourth count, there is evidence to show that Dinklage and his wife moved from Kansas City to San Diego in May, 1930; that on July 20, 1930, they met the appellant on a boat trip from San Diego to San Pedro and return; that on their arrival at San Diego the appellant entertained them at his home and for some time thereafter showered them with social attentions; that a day or two after the boat trip the appellant invited them to drive to a ranch owned by him, but instead took them to Glen Abbey memorial park; that he told them sections in that park were then worth $1,000 a section, and that he had recently sold one for $1,Q00; that there were twenty sections, belonging to a friend of his, which would be sold under a mortgage and lost unless immediately sold; and that he was going to take ten sections himself and would' sell them the other ten for $400 a section. Appellant sold them ten sections for $4,000, taking in payment four bonds of the Republic of Cuba, having a face value of $1,000 each. The appellant continued to entertain the Dinklages with automobile rides, dinners and shows, and a few days after the other transaction he told them he was interested in increasing their income and traded them certain shares of stock in Imperial Royalties Company and in Monarch Royalties Corporation for Republic of Cuba bonds of the face value of $8,000. It appears that the appellant represented that the Imperial Royalties stock was worth $24 per share and the Monarch Royalties stock was worth $4 per share; that he gave them certain circulars issued by these companies; and that he pointed out to them that whereas their Cuban bonds brought them in $36.50 per month, this stock would bring them $62.10 per month. While appellant contends that no misrepresentations of fact were' made, there is evidence to show that he represented that the cemetery sections belonged to a friend of his and were about to be sold under a mortgage; that he would take half of them and sell the other half to the complaining witnesses; and that the sections were worth $1,000 a section. Also, that he represented as a fact that the Imperial Royal-, ties stock was worth $24 a share but he would sell it for $14 a share, and that the Monarch stock was worth $6, but would be sold to the complaining witnesses for $4 per share.