People v. Thomas

WOOD, J. Defendant was charged with the crime of grand theft, and it was alleged that he had been convicted previously of burglary. Trial by jury was waived, and the People’s case, pursuant to stipulation, was submitted on the transcript of the testimony taken at the preliminary hearing. Defendant admitted the prior conviction. The court found defendant guilty as charged, and he appeals from the judgment on the ground that the evidence was insufficient to support it.

Defendant was employed as a truck driver by the Pacific Transportation & Warehouse Company, Inc., located at 825 East 62d Street, Los Angeles, which was in the business of delivering shipments of goods. That company sometimes loaded its trucks at night with the goods which were to be delivered the next day. The trucks were then left at the above address during the night, and when the drivers reported for work the next morning each one was given delivery slips, or bills of lading, listing the articles on his particular truck, and showing to whom delivery was to be made. The delivery slips were issued in duplicate, and the truck driver, upon delivering the goods, secured the signature of the consignee on the original slip, left the duplicate with the consignee and returned the original to his employer.

On the night of December 27, 1946, six deliveries of goods were placed on the truck which was to be driven by the defendant on the next day, Saturday—when defendant was to work only one-half day. The goods on his truck included four bales of khaki-colored cotton duck of the approximate value of $1,400, which were to be delivered to Downie Brothers at 640 South San Pedro Street. Defendant reported for work about 8 o’clock the next morning, December 28th, and left the premises of his employer with the truck about 9 a. m. The truck carried license numbers C.R.C. 17095 and I.C.C. 74-740. He returned to his employer’s place of business about 3:30 p. m., at which time some goods were still on the truck. He gave the employer the original delivery slips, bearing the signatures of the consignees, for goods which had been delivered, and he gave the employer the original and duplicate delivery slips for some of the goods which had not been delivered. He did not, however, return delivery slips for the cotton duck. Downie Brothers did not receive the duck and it was not part of the goods returned on the truck. Defendant did not work for this employer again, but he [704]returned on January 10, 1947, and while he was waiting for his check for services rendered on December 28th, a company manager called the police and defendant was arrested on the employer’s premises.