People v. Nicolosi

VANCLIEF, C. The defendant and Giovanin Lena were, by information, jointly accused of the crime of grand larceny, committed by feloniously stealing and carrying away a trunk and contents thereof, consisting of ladies’ apparel, the property of a Miss Jennie Petty. On a separate trial the defendant was found guilty and sentenced to imprisonment in the state’s prison; and he brings this appeal from the judgment and from an order denying his motion for a new trial.

1. Counsel for appellant contend that the evidence is insufficient to justify the Verdict, in that there was no evidence tending to prove the defendant guilty, except proof that the stolen property was found in his possession. But I think there was other evidence sufficiently corroborative of the inference from possession of the stolen property to justify the verdict. The trunk was found in the possession of defendant and Lena, in a small, rough, ten by fourteen, board shanty, in which they had been living only about four weeks, in the town of Riverside, San Bernardino county, by J. W. Dickson, the marshal, and P. P. Wilson, constable, of that town. The shanty had but one window, and that was darkened by boards nailed on the inside, and a gunny-sack on the outside. The marshal, while searching for the trunk in the shanty, and in the presence of defendant and Lena, discovered something under their bed or bunk covered with a quilt, gum-coat and other old clothing, and asked defendant what it was. Defendant answered, " Oh, nothing. ’ ’ The marshal then pulled off the covering, and discovered two trunks, one of which was Miss Petty’s trunk, and ordered defendant to open it. Defendant said: “It ain’t my trunk. I cannot open it up. I haven’t got any key to the trunk.” Upon examination, the marshal discovered that the lock had been broken, and he opened the trunk, and found therein an envelope addressed as follows: “Mr. L. Nicolosi, No. 105 Upper Main St., Los Angeles, Calif.” Being asked whose name that was, and how it came there, defendant said: “ That is my name. I wrote it and put it there two or three days [343]ago.” Being reminded that he had said he could not open the trunk, and asked to explain, he said nothing. The address on the envelope was that of his brother. Defendant further told the marshal that the trunks were brought there about two weeks before by a man who drove up with a light spring wagon and a gray horse, whom he had never seen before nor since, and who told defendant that he (the stranger) would like to leave those trunks there for a few days, and that he would call for them, and pay for the trouble of keeping them; and thereupon he (defendant) and his partner (Lena) carried the trunks into their cabin. Defendant also said he had not been doing anything since he came to Riverside; that he had come up from Los Angeles to pick oranges. It was proved that Miss Petty’s trunk had been stolen about two weeks before it was found in the possession of defendant and Lena. These circumstances of themselves were sufficient to excite a very strong suspicion of defendant’s guilt, even though it had not been known that Miss Petty or any other person had lost a trunk, and together with the proof that the trunk had been stolen, and found in the possession of the defendant, justified the verdict of the jury: People v. Chambers, 18 Cal. 383; People v. Velarde, 59 Cal. 457.