People v. Baca

DORAN, J. Appellant, Juan Jose Baca, was adjudged guilty of the crime of receiving stolen property, as alleged in count III of an information filed by the district attorney which charged the defendant with receiving the property ‘" on or about the 10th day of November, 1936, at and in the County of Los Angeles”.

Defendant appealed from the judgment and from the order denying a motion for a new trial.

The securities, which were the subject-matter of the crime, were stolen in Los Angeles on November 10, 1936. Two years later, namely on November 20, 1938, defendant Baca was arrested in the city of Denver, Colorado, while attempting to hypothecate about three thousand dollars worth of these securities.

The record reveals that at the trial, Mrs. Erma Burns, the manager of the Atlas Hotel in Los Angeles, testified to the fact that Baca, who gave his address as Socorro, New Mexico, registered at the hotel and was the occupant of a room there from May 9 to May 21, 1938.

A file of correspondence which was admitted in evidence, most of which was addressed to the defendant at Socorro, was taken from him at the time of his arrest; among these letters were several signed “XT FOUREX XT XXXX.” A few excerpts from these are pertinent. The first letter to the defendant was dated May 26, 1938, which was some five days after the defendant had left Los Angeles for New Mexico. This letter reads in part as follows: “ ... and I think you should be able to do something for Mr. Brown which I think [286]he is in your city now. I am sure he will give you a letter authorizing you to use his security and that is all you need.” (Letter dated June 20, 1938): “The only way is to use it as collateral and put it away for six months. You cannot change it to your name and you do not have to unless you do not pay the loan back, then they can change it to their own name . . . but do not notify the company under any circumstances as the merchandise is good as it is and it is transferable and it can only be used as collateral on a loan, so if you cannot do it right, do not do it at all. You understand.” (Letter dated July 18, 1938) : “As far as getting quotations on the prices they can wire any broker who will be glad to send it to them, but be stire not to wire any of the companies. I am sending you today’s quotations and I will send you a list from the newspapers tomorrow, as a few are unlisted stock ... Do the best you can and be very cautious.” (Letter of July 26, 1938) : “B. B. Robinson & Co., at your request sent a quotation of the following stocks which you ask about.” (Following this were quotations on the same issues as the stolen certificates.) Defendant acknowledged having received these letters.