People v. Deverich

McCOMB, J. From a judgment of guilty of (a) conspiracy to steal an automobile, and (b) grand theft, after trial before a jury, defendant appeals. There is also an appeal from the order denying his motion for a new trial.

Facts: From the testimony of an admitted accomplice of defendant the record discloses that about the first of October, 1949, defendant stated to his accomplice, Mr. Sanders, that he was desirous of obtaining an automobile; later Sanders introduced defendant to A1 Gordon at which time defendant stated he was interested in getting a stolen automobile. He drew a map of roads leading to his house and garage and told Gordon that if he found anybody who would steal a car, the thief would know the way to his garage by use of the map.

On the evening of October 9, 1949, Sanders called for defendant at his home and they drove to Big Town Motors, a used ear lot at the corner of Fourth Street and Vermont Avenue in Los Angeles. On the used car lot there was a 1949 Cadillac for sale. There was a set of keys in the glove compartment of the ear and another set in the ignition. Defendant and Sanders talked with Mr. Prager, a salesman for the Big Town Motors business, relative to the 1949 Cadillac. Defendant entered the car through the door on the driver’s side and sat in it. Without looking at any other cars they left the lot, and as they were driving away defendant gave Sanders a set of keys and said they were the keys to the Cadillac they had just been looking at. Defendant said to give the keys to A1 Gordon.

After leaving defendant at his home, Sanders went to a show with Evelyn Phillips. After the show as they were [217]driving they noticed A1 Gordon in a gas station whereupon they stopped and Sanders told Gordon that they had a car in mind, where it was, and that he had the keys to it. Gordon then got into the automobile with Sanders and Phillips and they drove to the Big Town Motors lot where Sanders pointed out the car and then drove down the street a block and parked. Sanders then gave Gordon the beys to the Cadillac at which they had just been looking. Gordon went to the used car lot and drove the 1949 Cadillac to Franklin Avenue just above Cahuenga where he met Sanders who told him to park the Cadillac on a side street which he did.

The three then went to defendant’s home and Sanders told him that Gordon had the car. Defendant said, “Don’t bring the ear over here because I just got a phone call from my uncle and he told me that he had some information that I had been taking too many hot cars up north, and that I couldn’t have any more cars around my house that were hot like that.”