People v. Walker

HOUSER, P. J. Defendant appeals, not only from a judgment of Ms conviction of the crime of grand theft, but also from an order by which his motion for a new trial was denied.

It would seem necessary that in substance, a history of the crime in which it was asserted that defendant willingly and knowingly participated be herein related: On each of several occasions that occurred during a period of about ten days which preceded the 25th or the 26th day of April, [373193]5, a man by the reputed name of Wilson, who represented himself as the confidential agent of another man, whom Wilson named as Landrew, but who in reality was the defendant in this action, was negotiating, or at least was pretending to negotiate, the purchase of a grocery from one Penland, who was the owner thereof. On the said 25th or 26th day of April, Wilson and defendant together appeared at Penland’s place of business, and then and there defendant was introduced to Penland. It also appears that on another occasion defendant had been at Penland’s store, but that at that time defendant was unable to see him. However, in the course of the conversation that ensued among the several persons then present, the record discloses that Wilson said, “We about concluded to take your store, Hr. Penland. We have been looking at several and this looks the best, doesn’t it?” Whereupon defendant remarked, “You have got another one you want to look at.” Wilson said, “Yes. We have about decided to take this store. . . . We will see you later.” Previously thereto, Wilson had told Penland that defendant “was a man of means, owned properties and dealt in oil stocks and so forth; . . . was buying this store for his nephew”. Several days later, in a conversation that occurred over the telephone between defendant and Penland, the former inquired whether Wilson had been at the latter’s place of business. On being told by Penland that Wilson had not been there, defendant stated that Wilson “would be there within fifteen minutes”. On Wilson’s subsequent arrival thereat, which was “in a short time”, Penland told him that “Mr. Landrew (defendant) had phoned from Santa Monica . . . and wanted to talk to him”. Whereupon Wilson “went right in to the phone; ... he wasn’t in there but just two or three minutes”. When he returned to Penland after speaking to defendant, Wilson said to Penland, “He (defendant) says he wants to talk to you; . . . that is Landrew (defendant) . . . Mr. Landrew (defendant) wants to talk to you again.” Penland then had a telephonic conversation with defendant, in which defendant said, ‘ ‘ I am very busy; "could you come to Santa Monica, and we will close the deal?” To which query Penland, in effect, responded that he could do so. Wilson and Penland then went to Santa Monica, where they met defendant, at which time and place defendant said, “I