People v. Hopper

BARNARD, P. J. A jury found the defendant guilty of grand theft and he appeals from the judgment and from an order denying his motion for a new trial.

The appellant is a mining engineer and dealer in mining claims and mining products. For several years he has maintained an office in downtown Los Angeles. During 1941, he was interested in and trying to develop a silica mine in Nine Mile Canyon, somewhere above Mojave. At the same time Mr. Charles E. Moore, who lived in Ontario, had a lease on a mining claim on property owned by John Prado at a spot called Crystal Springs in or near Death Valley. It is about 240 miles between these two mines. Mr. Moore’s mine was being operated by his son, Vincent Moore. They had at that mine an air compressor, for which Mr. Moore had paid $1,100 the preceding spring, and a jack hammer and certain other tools for which he had paid $500. The compressor was located in some cottonwood trees close to the cabin and spring and up against a bank, and was connected with a pipe line which ran some 200 feet up the hill to the mine itself. On five different occasions between July and the middle of October, 1941, the appellant had visited the Moore mine with one of the Moores in connection with a proposal that he sell the products of that mine. On one of these trips the appellant looked at the equipment and remarked that “it was a mighty good compressor,” During the fall [337]of 1941, appellant made several unsuccessful attempts to obtain the use of this compressor, having told the Moores that there was no talc in their mine in paying quantities.

Mr. Moore visited his mine on November 20, 1941, at which time the compressor was there in position and the jack hammer and other tools were locked up inside the compressor. When he returned, about a month later, the compressor, jack hammer and tools were gone. He testified that he had never given the appellant, or anyone else, permission to remove them. Some weeks later, with the aid of a deputy sheriff, the compressor and other tools were found at the appellant’s mine in Nine Mile Canyon. A serial number on the compressor had been chiseled off, the marks indicating that this had been recently done.

On November 22nd or 23rd, 1941, the appellant asked a Mr. Porker, who was engaged in the trucking business at a place near appellant’s silica mine, what he would charge for a trip to Death Valley if they got a compressor there. Porker said he would make the trip for $25. Vincent Moore testified that three or four days before November 30, 1941, the appellant came to his home in Ontario and asked him if he was “going up to the mine very soon.” He replied “no” and the appellant asked, “You are not going up the next week or two are you?” He replied, “No” and the appellant then said: “I may have a job for you over near Barstow— and I may like to have you take the compressor over there. ’ ’ On November 28, 1941, the appellant had another conversation with Porker, telling him that he had not yet decided whether to get the compressor from Death Valley or one from near Los Angeles. At that time, he drew a map for Porker, 'showing how to get to the Crystal Springs mine, and gave him an exact description as to where and how the compressor was located and attached, which description coincided exactly with the location of the Moore compressor. He also told Porker that it would be unnecessary to give him a written order as there would be no one at the Crystal Springs mine, and further stated that if he decided to take that compressor he would send him a telegram saying “O.K.”