People v. Orlandi

McCOMB, J. After trial before a jury, defendants Reno Orlandi, Emerick Sepic and Anthony Sepic, Jr., appeal from judgments of receiving stolen property. In addition, there are appeals from orders denying their motions for a new trial. Don Petty was also indicted for receiving stolen property, but the charge against him was dismissed and he was used as a witness on behalf of the People.

Facts: In May 1958, the Eureka Supermarket purchased 100 cases of liquor. Each case when shipped had stenciled on top the invoice number, which was also the shipping number.

On June 6, 1958 two 17-year-old boys, Short and Lovett, entered the Eureka Supermarket after closing time and stole 12 or 13 cases of hard liquor of various brands. They placed them in a car they had parked outside the market and proceeded to deliver them to Mr. Peeples. About a month later the boys again entered the market, using the same procedure, and this time took 15 cases of liquor.

Before taking any of the liquor the boys had made arrangements with Peeples to sell it to him. For the first cases they received a 1954 automobile engine worth about $250. At wholesale, the liquor was worth from $37 to $50 a case. For the last cases the boys were to have received $100, but actually did not receive anything. The wholesale value of the last group of cases was about $550.

Shortly after receiving the first 12 or 13 cases, Peeples contacted Petty, who at that time was a salesman for a second-hand automobile concern, partly owned by defendant Anthony Sepic. Peeples offered to sell 10 or 12 cases of whisky to Petty, but Petty did not want to buy. Peeples [82]asked him if he knew anyone who might buy, and Petty asked if the whisky was “hot.” Peeples assured him that it was not and asked Petty to inquire around to see if anyone among his acquaintances would buy. Petty talked to defendant Orlandi and to defendant Anthony Sepic, the former a licensed liquor dealer. He told them of Peeples’ offer to sell liquor. Sepie asked him to ascertain the price. Petty contacted Peeples, and a price ranging from $2.50 to $3.50 per fifth was set.

Orlandi agreed to purchase the liquor, and Peeples brought the liquor in his car to the used-car lot where defendant Anthony Sepic conducted his business. Peeples left his car on the lot with the whisky inside the trunk. Shortly after he left, Orlandi arrived in his panel delivery truck. He parked the truck beside Peeples’ car. When the trunk of Peeples’ car was opened, Anthony Sepic, Orlandi and Petty were present. The liquor was not in the original cases, but was stacked loosely in the trunk of the ear. All three men took part in transferring it from Peeples’ car to Orlandi’s truck. Orlandi did not have enough money to pay for the whisky, and Petty advanced $80 toward the total amount, which he later received back. Anthony Sepie also advanced some money. Petty took the money to Peeples, who gave Petty a case of vodka.