People v. Scobey

MOORE, P. J. — Defendant appeals from convictions upon thirty-three separate felonies — eleven counts for grand theft and twenty-two for forgery. She is past seventy-two years of age; has practiced law in California since 1920, having formerly resided in Utah and in Texas.

The offenses charged against her grew out of legal matters handled by her for one Lucy DuBois and one Inez Goodman, two of her clients. She became attorney for each of these ladies in 1933, and continued to act for both until 1938. The reporter’s transcript of her trial comprises many volumes. There is no intimation that the evidence was insufficient to warrant the convictions; no assignments of [213]error upon the admissibility of evidence; no complaint as to the conduct of the district attorney. The sole basis of this appeal is the contention that the jury were not properly directed. The asserted errors consisted of two kinds, namely: first, failure of the court to instruct properly with respect to reasonable doubt; second, failure of the court to instruct properly with reference to the value of “character” as evidence in the case.

(1) With reference to reasonable doubt, the jury were fully and amply instructed. While it was unnecessary to do more than read section 1096 of the Penal Code (sec. 1096a, Pen. Code), the jury were advised that if the evidence is susceptible of two contrary interpretations, both reasonable, they must adopt that interpretation proving innocence ; that she is presumed innocent until guilt is proved and if a reasonable doubt exists, she is entitled to acquittal; that this rule governs even though an attorney’s duty demands a greater degree of care than is required of the ordinary individual; that they are not bound to decide in conformity with the declarations of any number of witnesses which do not produce conviction as against a presumption or other satisfying evidence; that every count is an alleged distinct offense; that the finding upon one count shall have no influence in considering another count. Following the instruction of “reasonable doubt” (sec. 1096, Pen. Code)— the only requisite instruction upon that subject (see. 1096a, Pen. Code) — the jury were finally told that the burden of proof is upon the prosecution to prove every material allegation and its failure to do so to a moral certainty and beyond a reasonable doubt warranted a verdict of not guilty. Also, the court defined with meticulous care the crimes of forgery, theft, larceny, trick and device, and distinguished those several crimes.