People v. Stanley

McCOMB, J. From a judgment finding him guilty of grand theft after trial before the court without a jury, defendant appeals. There is also an appeal from the order denying his motion for a new trial.

The evidence being viewed in the light most favorable to the People (respondent), and pursuant to the rules set forth in People v. Pianezzi, 42 Cal.App.2d 270, 277 [108 P.2d 685], the essential facts are:

The complaining witness, Mr. Jones, advertised in a newspaper that his automobile was for sale. In response to this advertisement defendant contacted Mr. Jones on several occasions. During these conversations Mr. Jones told defendant that he would not be interested in taking any property by way of trade for his car, but that in case he should be on the point of being inducted into the military service, he might accept a lower price for his car. These, various telephone conversations culminated in Mr. Jones and defendant meeting at the intersection of Melrose and Fairfax Avenues in Los Angeles. At this meeting defendant asked Mr. Jones his final price for his automobile, to which Mr. Jones replied, $1,600. Whereupon, defendant stated that he did business [312]with, a branch of the Security Bank located at Melrose and Fairfax Avenues, that he would ascertain from the bank how much of the $1,600 it would lend him, and that he would pay the balance of the purchase price himself. Mr. Jones indicated that this arrangement would be satisfactory to him.

Subsequently defendant asked Mr. Jones if his finance company, the People’s Finance Company in Beverly Hills, would finance his purchase of the automobile. Mr. Jones indicated that they might do so. Discussions then ensued between defendant, Mr. Jones, and a Mr. Hill representing the People’s Finance Company. These discussions ended with an agreement whereby defendant promised to pay Mr. Jones $1,600 for the automobile. The purchase price was to be paid by the cancellation of Mr. Jones’ indebtedness of $500 to the finance company, by defendant turning over to Mr. Jones the $500 loaned by the finance company to defendant, and by the payment of $600 in cash by defendant to Mr. Jones. Pursuant to this arrangement a conditional sales contract was executed by Mr. Jones’ wife, in whose name the title to the automobile was registered, and defendant. This contract provided that defendant was to purchase the automobile for the total sum of $1,790.48; $190.48 representing a financing charge, $600 in cash, and the balance in installments of $66.11 per month commencing September 29, 1941.