People v. Anthony

McCOMB, J. Appellant was convicted after trial by jury of (a) violating section 182, subdivision 4 of the Penal Code, and (b) grand theft.

This appeal is from the judgments and orders denying his motions for a new trial.

The facts in the instant case as they appear from the testimony of admitted accomplices of appellant are:

George 0. Dorris, who had known appellant approximately three and one-half years, arranged to have a fake automobile accident happen on May 18, 1935, in which George and Pearl Elroy and Robert Jones would appear to have been injured.

About 11 A. M. on the above date Mr. Dorris telephoned appellant at his office and asked him where he would be that evening, as he “wanted to call him on an accident case”. Appellant stated that he would be home. Later in the afternoon Mr. Dorris telephoned appellant and gave him an address, stating that he wanted him to come over on an accident case and that Mr. and Mrs. Elroy and Robert Jones, while standing in a pedestrian zone at Third and Larchmont Streets, Los Angeles, were struck by a car driven by Doris Marshall. About thirty minutes later appellant arrived at the address given him and found the above-named persons present. Appellant put a bandage around Mr. Jones’ apparently dislocated shoulder and Mr. Elroy’s ankle. He found Mrs. Elroy in bed and, upon placing his hand upon her abdomen, found it enlarged. She informed him that she [292]was pregnant, threatened with a miscarriage, hemorrhaging, and feeling quite badly. Appellant told her to take it easy and she would be all right. A few days later she in fact had a miscarriage, for which she was treated by another doctor.

May 20, 1935, Mr. Beer, the adjuster for the Connecticut Indemnity Company of New Haven, visited the Elroys, and on the following day went to appellant’s office for the purpose of arranging an examination of the allegedly injured persons.

Subsequently suit was filed on behalf of Mr. Jones through attorney Mandel. Thereafter Mr. Jones told Mr. Beer that he would leave the settlement in Dr. Anthony’s hands and, upon Mr. Beer’s stating that he would not deal with appellant as long as there was an attorney in the case, appellant told him that he would take care of the attorney; and attorney Mandel wrote a letter to the insurance adjuster, stating that he would not stand in the way of a settlement.