People v. Powell

DORAN, J. The appellant and William S. Powell were charged by information in Count I with conspiracy to commit grand theft, in that they conspired with each other and with A. Diamond, and Phillip Martin and other persons unknown, to commit the crime of grand theft; in Count II with grand theft of $300 from Murdo MacKay; in Count III with grand theft of $483.60 from Murdo MacKay; in Count IV with grand theft of $733.60 from Charles A. Giboney, Jr.; and in Count V with grand theft of $783 from Ben Louie.

Each pleaded not guilty to each count. The jury which heard the evidence returned verdicts of guilty as charged in each count of the information as to each defendant.

As recited in respondent’s brief, “On June 15, 1954, a request for a classified advertisement was brought to the counter girl at the main office of the Los Angeles Times at Second and Spring Streets, by a person giving his name as A. Diamond. It was to run four times, starting on Wednesday, the 16th. It was to be billed to ‘Floray Co., c/o William H. Spencer, 4063 Radford Avenue, Studio City. ’ The advertisement was as follows:

“ ‘Men to Service

“ ‘Large Corp. interested in dependable local parties to service accounts to be established in this area. Applicants will act as jobber. Distributors with exceptional opportunity for a sound secure future. High earnings possible for selected parties. Any applicants must be able to make light deliveries, have exceptional reputation & be in a position to make an [117]immediate cash outlay of $783 (deposit secured by mdse. & returnable) representing 25% of total investments, with company handling balance for proper parties.

“ ‘Submit only name, address & phone number to arrange personal interview to Box L-165, Times.’

“On June 22, 19.54, the appellant and Powell went to the office of the Lawrence Office Service, an answering and office service, at 7960 Beverly Boulevard. They wanted the service offered by that organization. They told Mrs. Joseph, who ran it, that the name of the organization for which they wanted the service was the National Distributing Company. Mrs. Joseph asked the name and a home telephone number so that they could be reached by her. She was told that Mr. William S. Powell was the head of the organization, and that there were four associates, A1 Diamond, Harvey Nessel, Paul Riley and Phil Martin, from whom she might hear, and to whom she should give messages. Powell gave her a home address, 1585 Ocean Boulevard, Balboa, and a telephone number, Harbor 0363-M. They paid her for the service for a month in advance. During the period from June 22, 1954 through August 22, 1954, Mrs. Joseph’s organization performed services for the appellant and Powell. The organization received telephone calls and mail, and the appellant and Powell received mail from them. Mrs. Joseph received a second month’s payment. She sent the bills for the service to 1585 Ocean Boulevard, Balboa. The one sent in September was not paid. About October, she sent another bill, and it was returned.”