People v. Warren

DORAN, J. Defendant, Jack Warren, who was charged in an information with receiving stolen property, was found guilty thereof by a jury. He appeals from the judgment of conviction, and from the order denying a motion for a new tria-l.

The record reveals that a robbery was committed on the night of December 23, 1938, in the home of Mr. and Mrs. Marvin Winthrop at 365 South Cloverdale Street in Los Angeles. Two rings and a bracelet were taken from Mrs. Winthrop, and a diamond ring from Mr. Winthrop.

On January 9, 1939, William Allen Henry and Bud Lilly, ex-convicts, were arrested in an apartment house in Los Angeles. They admitted having committed the robbery. Later in the day appellant Warren was arrested in the hallway of the apartment house, while ringing the doorbell to their apartment. It appears that Henry had met both Warren and Lilly at San Quentin prison.

The record discloses that some time around the middle of December, 1938, a meeting was held at the home of one Maynard Groom in Los Angeles; Groom had also served time for robbery. Present at this meeting were Groom, one Freddie Kessler, Henry, Lilly and Warren. Kessler told them that he knew where they could “pull a robbery job” on some people who were well off and had jewelry and furs, and that, in fact, these people lived in the apartment house where his mother resided. Kessler’s parents occupied the apartment directly under the apartment of the Winthrops; Kessler was living in a downtown hotel at the time. At this meeting the question arose as to who would drive the ear to the scene of the robbery and it was decided, according to Groom’s testimony, that Warren would drive his (Warren’s) car. Groom [280]testified that he was asked to go with them but that he refused and said that he did not care to have any part in the robbery.

There was evidence to the effect that about a month prior to the robbery, Warren had purchased an automobile on a conditional sales contract and that the car was in his possession until the time of his arrest on January 9, 1939.

John K. McCloud, who was in the business of selling used cars, testified that some time in the early part of December, 1938, Warren came to the used-ear lot and they discussed the price of a ear. Warren returned about three days later and told McCloud that he might know some other people who would like to purchase a car. At that time Warren had sold some automobile tires to a man associated with McCloud on the lot. Warren was told that if he found a buyer for a ear he (McCloud) would pay him a commission. Some time around the 26th of December, Warren brought Henry and Lilly to the used-car lot and told McCloud that these men were interested in the purchase of an automobile. McCloud quoted them a price on a car, and Henry and Lilly left; Warren remained, however, and, according to McCloud, asked if the latter would accept a ring and some cash for the car. McCloud said that he would have the ring appraised and would allow the appraised value on a ear. The next day Warren returned. The ring was in his possession and also some $50 in cash. He refused to turn over the ring to McCloud for appraisal. The latter then suggested that a man by the name of Billy Berg, who was the manager of a restaurant in Los Angeles, could possibly lend some money on the ring, and the two men drove to the restaurant in McCloud’s car. On the way over Warren showed McCloud two rings, which were the rings taken from Mrsj. Winthrop in the robbery.