People v. Davis

MOORE, P. J. Having been accused by information of stealing a white-faced heifer, defendants were all convicted by the court, trial by jury having been expressly waived. Inasmuch as Lloyd Davis failed to prosecute his appeal, for convenience his eodefendants only will be hereinafter referred to as appellants. They now urge the (1) insufficiency of the evidence, (2) want of proof of the corpus delicti and (3) failure to make a finding of grand theft as grounds for reversal.

[703]Donald is a brother of Lloyd Davis. On April 12, 1945, with Robert Smith they drove in an automobile from Culver City along Coast Highway 101. Ostensibly they were out to hunt wild game but after reaching Ventura County they “got off the road back in the hills. ’ ’ While traveling down Decker Road in the vicinity of Hidden Valley they encountered a young bovine. With his Mauser rifle Donald shot the animal between the eyes. Working in the dark, with two hunting knives the trio severed the hind quarters and loaded them into their car. Just then one John Spiers, keeper of the boats at Lake Sherwood, approached the scene. It was 11 p. m. as Lloyd turned on his lights and, alone, drove rapidly up Carlysle Road. Having pursued the retreating car about two miles Spiers met it returning. He demanded an explanation of Lloyd and made an examination of the rear compartment where he found the rifle and the two blood-covered knives. Lloyd followed Spiers back to the home of Tom Moody, a fire captain, where they arrived at about 11:40. Leaving Lloyd in the custody of one Zeimer, Moody’s assistant, the captain accompanied Spiers to the point where he had first observed the car of defendants and there discovered the forequarters of the calf. Moody then returned to his home and placed Lloyd under arrest.

In answer to the questions of the officer, Lloyd admitted ownership of the gun but denied knowledge of the knives or of the origin of the blood and hair on them. He asserted that he had picked up two sailors who had driven while he slept, only suddenly to awake to find that he was parked alone in a field. Officer Stephens, with Moody and John Meders, ranch superintendent of the Albertson Company, owner of the calf, then drove three miles over the course driven by Lloyd in his flight and discovered the hindquarters. The brand was identified by Meders and Mr. Albertson. Officer Poye proceeded then with Lloyd to the jail at Ventura, observing the boy’s clothing covered with blood.

About 3:45 a. m. on Highway 101 Poye saw appellants hitchhiking, their trousers wet to the thighs. Having been apprehended at his radioed suggestion, they were immediately brought into consultation with their codefendant, Under-sheriff Suytar and deputies of the district attorney. Their statements were taken on a recording machine. Lloyd stated that after the heifer had been killed and the three were load