People v. Jackson

THOMPSON, J. The defendant, a Negro, was tried with a jury and convicted of grand theft of a purse containing $257, from the person of Fred Hunt. A motion for new trial was denied. From the judgment of conviction of grand theft the defendant has appealed. The defendant was represented at the trial and upon the motion for new trial by an attorney of his own selection. But he personally gave notice of appeal and appears in this court in proper person. We shall assume his notice of appeal also includes the order denying the motion for a new trial.

The appellant contends, as he did on motion for new trial, that the verdict and judgment are not supported by the evidence and that he was not accorded a fair and impartial trial chiefly because there were no Negroes on the jury.

The judgment is adequately supported by the evidence. The prosecuting witness, Fred Hunt, testified positively that the defendant “grabbed me and put his hand in my pocket and got my wallet and took off.” He was asked, “Did you see him take the wallet?” to which he replied, “Yes, sir. He take it and run.” He testified that the wallet then contained $257 in greenbacks, which he had withdrawn from the bank in Davis. He had previously worked for that city as a garbage collector. He said the wallet had been tied- up in his handkerchief and placed in his right hand hip pocket. His friend, Daniel Bean, corroborated that fact. Bean testified, [749]“Q. Did you see his wallet? A. Yes, sir. I tied it up in the handkerchief for him. Q. And did you see him put it in his pocket? A. Yes, sir.”

The uncontradicted evidence shows that Hunt had worked for the city of Davis about a year and a half, and that he had previously worked for a man by the name of Swanson for seven years. He said he drew his money from the bank and came to Sacramento, thinking he might find another job. He called upon his friend, Daniel Bean, the evening before March 22, 1948. Mr. Bean was employed at Boos Brothers mercantile store on K Street in Sacramento. Hunt had known Mr. Bean since 1946. He had previously visited with his friend Bean at Sacramento, where he “would stay sometimes three or four days.” Bean testified that they had been visiting the taverns together all night long and that Hunt was quite intoxicated. About 6 o’clock on the morning of March 22d they came from Mr. Bean’s house to buy a pint of whiskey.

Mr. Hunt testified in that regard:

“We came out of Bean’s house and went over to the next-door neighbor and Bean got his Ford, so we went on down town after a pint of liquor, and before we got to the liquor store he [the defendant] was standing on the corner—this fellow here. Q. You mean the defendant? A. Yes. Bean stops the car and he jumps in the car and went with us. We stopped at the liquor store and went in and I paid for the liquor and I put the seven dollars back in the bill-fold with the rest of my money. I had $260.00 when I went in. . . . We went on down to the house where we got the Ford, then, over to Bean’s house. We went in there and had a couple [of drinks] and Bean said, ‘Let’s go over to the house where he [the defendant] lives.’ I says, ‘Well, all right.’ I was walking out the door and just as we got on the outside of the door he [the defendant] grabbed me and put his hand in my pocket and got my wallet and took off.”