People v. Smith

WHITE, J. This is an appeal from the judgment and an order denying a motion for a new trial following the conviction of the defendants by the court sitting without a jury of the crime of grand theft.

Narrating the evidence most favorable to the prosecution, as we are required to do following a guilty verdict or decision, the record discloses that on the evening of November 12, 1939, the complaining witness, after leaving his nephew, who drove away in an automobile, was walking on Mariposa Street in the city of Los Angeles when, he testified, defendant Dorothy Smith “came running up the street and banged into me, grabbed me on the coat lapels and wrestled with me and said, ‘Come on, I will give you a good time.’ ” As he pushed defendant Smith away from him the complainant discovered that his wallet, containing $45 and some bank cheeks, was missing. He immediately started in pursuit of defendant Smith, who was running up an embankment adjacent to the street, and overtaking her, he commenced struggling with her in an effort to regain his wallet. In the course of the encounter Gladys Murphy appeared on the scene and said, “She ain’t got that wallet”; whereupon defendant Smith exclaimed, “Your wallet is on the ground.” Complainant then picked up his wallet from the ground and discovered that his money had been abstracted therefrom, whereupon he recommenced his struggle with defendant Smith in an effort to retrieve the money, at which time defendant Murphy entered the fray, saying, “Look here, Mister, if you don’t stop I’ll call the law.” At this stage, the complaining witness testified, he started to yell, “Help,” and immediately two police officers appeared on the scene. The defendant Smith stated to one of the officers that she wanted to speak to him alone, whereupon he took her aside and returned with money in the amount of $21, consisting of two ten-dollar bills and a one-dollar bill, which according to the officer were handed to him by the defendant Smith. The police officer testified that he said to her, “Where is the rest of the money I” to which she replied, “I don’t know. Maybe I threw it away, maybe I lost it.” Thereupon the officers, with the aid of a flashlight, [156]found another ten-dollar bill on the ground. Defendant Murphy had in her possession $14, which added to the $31 just referred to totals the exact sum allegedly lost by the complainant. The police officer further testified that he and another officer were cruising in a radio car when they observed defendant Gladys Murphy standing near the intersection of Wilshire Boulevard and Mariposa. They thereupon parked their automobile some distance back and observed her. She lighted a cigarette and suddenly ran up the incline on the southeast corner. Propelling their car in the direction taken by the defendant Murphy, the officers heard someone cry out what sounded to them like “police”. Emerging from their car and going up the incline, the officers discovered complainant and the two women engaged in a struggle, at which time the complaining witness stated, “These women snatched my purse from me down on the corner/’ ’