People v. Raschke

McFarland, J. — The attorney-general contends that the bill of exceptions in this case cannot be considered because it was not presented and settled within the time mentioned in the code; but as it was settled, “ we will not inquire into the reasons which may have induced the action of the judge in signing the bill of exceptions after the statutory period, but will presume they were sufficient.” (People v. Sprague, 53 Cal. 422; People v. Lee, 14 Cal. 510.)

The information accused the appellant, jointly with one T. Furlong, of the crime of grand larceny. He was convicted as charged, and appeals from the judgment.

The information charges that the appellant and said Furlong “did feloniously steal, take, and carry away” a [380]large number of small articles, principally glass and crockery ware, and amounting in value to $58.60, “ the personal property of one I. Bernard.”

Appellant’s point that the verdict was against the evidence— that is, that the findings of fact which the jury must have made are not supported by the evidence — is not tenable. There was considerable evidence on all contested questions of fact.

Appellant contends, also, that admitting all the facts as claimed by the prosecution, such facts do not constitute larceny; and that therefore the verdict is against law. And these facts, which the jury had the right to find, were substantially as follows: The appellant, together with said Furlong and one Lewandowsky, by false representations as to their property, financial ability, future intentions, etc., induced said Bernard to sell and deliver to them the property alleged to have been stolen. Bernard delivered the property to them at a place on the corner of Folsom and Twenty-third streets, in San Francisco, where they proposed to open and conduct a saloon and fruit store, and took from two of them a promissory note due in thirty days; but the understanding was that the property in the goods was to remain in Bernard until the note was paid. A couple of weeks afterwards, but before the maturity of the note, Bernard, hearing that there was some trouble at the place above named, went there and found the saloon closed and the property gone. Procuring a search-warrant, he went to appellant’s residence and found some of the property secreted there/—appellant having denied that he had it. There were other circumstances in proof not necessary to state here, — from all of which the jury might have found a felonious intent on the part of appellant and his associates from the beginning of the transaction. The contention of appellant, however, is, that as the possession of the goods was obtained by appellant and his associates under the contract, and