People v. Cole

GRAY, C.—

Defendant was convicted of grand larceny, and appeals from the judgment and order denying him a new trial.

1. The defendant was in the employ of the Indianapolis Furniture Company’s store, in the city of San Francisco, in the capacity of assistant shipping clerk, and occasionally made sales for his employer. The evidence introduced by the prosecution tended to show that on the morning of March 19, 1901, at about half-past six o’clock, the defendant at the back door of said store delivered to one Burke ten rolls of carpet belonging to the Indianapolis Furniture Company, of the value of about three hundred and fifty dollars. In addition to this evidence, the prosecution, against the objection of defendant, was permitted to show that soon after the discovery of the loss of the property the defendant, on being confronted with Burke, and in response to a recital to him by said Burke of the facts showing the removal and delivery of the carpets to said Burke, denied the fact of delivery, and declared that he did not .know Burke. This denial of defendant we think was competent and proper evidence to go to the jury for what it was worth. If the jury believed that defendant delivered the property, as disclosed by the testimony of some three witnesses, then the fact that defendant denied the delivery was a circumstance tending to show that the delivery was not made innocently in his capacity as a salesman, but with intent to steal the property. If he had deliv

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ered the property innocently, the most natural thing for him to have done was to tell the truth, about it. If he intended to steal it, the most natural thing for him to do when questioned about it was to lie concerning it. Deception, falsehood, and fabrication as to the facts of the case are treated as tending to show consciousness of guilt, and are admissible on the same theory as flight and concealment of the person- when charged with crime. In

People

v.

Arnold,

43 Mich. 303,

1

Judge Cooley, speaking for the court, says: “It was never doubted that the conduct of a suspected party when charged with a crime may be put in evidence against him when it is such as an innocent man would not be likely to resort to. Thus, it may be shown that he made false statements for the purpose of misleading or warding oft suspicion; though these are by no means conclusive of guilt, they may strengthen the inference arising from other facts,... so it may be shown that the accused fled to escape arrest, or broke jail or attempted to do so, or offered a bribe for his liberty to his keeper. These are familiar cases, and rest in sound reason. But the case of deliberate fabrication of evidence or of attempt in that direction would seem to be still plainer.”