People v. Maulucci

FOURT, J. In an information filed in Los Angeles County the defendant was charged in five counts with grand theft. A jury was waived and the cause was submitted to the trial judge upon the testimony taken at the preliminary hearing and some additional testimony. The judge found the defendant guilty as charged in count IV and not guilty as to the remaining counts. A motion for a new trial was made and denied. Defendant was placed on probation for five years, a part of the terms thereof being that he spend the first six [302]months in the county jail. Defendant has appealed from the judgment of conviction, from the order denying the motion for a new trial, and from the order granting probation.

A résumé of some of the facts is as follows: Robert Cantril, after a discussion with the appellant, consigned his 1955 Mercury automobile to the Carmen Auto Sales Co. on April 5, 1957. Robert Wilkinson, the manager of the Carmen Auto Sales Co. and nephew of the appellant, wrote up the transaction.

Appellant had told Cantril in effect to bring his car down to the appellant’s car lot (Carmen Auto Sales Co.) and then said, “We’ll write a consignment up for you.” Appellant also told Cantril that when the car was sold he, Cantril, would be asked to turn the pink slip over to him and that he, the appellant, would give Cantril the money for his car, which was to be in the amount of $1,000.

About April 18, 1957, Cantril was at the appellant’s ear lot and did not see his Mercury automobile. Cantril talked with appellant and was told by appellant that the automobile was sold and that he would receive his money. Cantril was never paid. The pink slip was not delivered to appellant. Approximately one year later Cantril saw the Mercury automobile in a used car lot in Inglewood, where he also met Paul Stillie. Stillie purchased the Mercury automobile from Carmen Auto Sales on April 16, 1957. Stillie discussed the sale to him with appellant and it was agreed that there would be a trade-in allowance of $50 for Stillie’s 1948 Buick car. Stillie made two payments on the Mercury automobile, paying appellant $242 in cash at one time and received a receipt therefor from Wilkinson. Stillie also paid another $700 by check to a salesman, Bob Day, and Day gave Stillie a receipt therefor.

Approximately four weeks after the purchase of the ear by Stillie he went back to the Carmen Auto Sales Co. car lot establishment and found that the place had been disposed of and no one was there. Approximately one year later Stillie got the pink slip for the Mercury car from Cantril.