People v. Cook

BARNARD, P. J. The defendant was charged with grand theft in that on December 22, 1955, he feloniously took personal property of the Western Metals Supply Company, valued at $416. A jury found him guilty and he appeals from the judgment.

On December 20,1955, the defendant purchased some fluorescent light bulbs from Western Metals Supply Company, which will be referred to as Western Metals. He paid the bill amounting to $49.48, and the billing indicated that the items were sold to the Western Floodlight Service at a certain address in Las Vegas. He asked for and obtained a special discount by saying that he was doing work for the Tidewater Associated Oil Company, and that Tidewater had a contract with the Sylvania Company and was entitled to a larger discount. On the same day the defendant told the vice-president of Western Metals that he had contracts with Tidewater and Richfield under which he was installing lights in their service stations.

On the morning of December 22, 1955, a salesman in the order department of Western Metals received a telephone call from a person saying he was Luke Waters, who said he was with Tidewater Associated Oil Company and wanted to place an order. He ordered a list of fluorescent bulbs in the name of Tidewater Associated Oil Company at a Los Angeles address, and said that he was in a hurry for delivery and would like to pick up the order himself. He was informed that the order would be turned over to one Caffey in another department and that he should contact Caffey about the [3]delivery. The man giving the order then stated that he could be contacted at the “San Diego Hotel.”

Around noon of that day this person called Caffey on the telephone telling Caffey to ship the goods to Oceanside in care of Tidewater Associated Oil Company, and that he would pick it up there. The goods were placed in factory-packed boxes with identifying labels thereon. About 3 o’clock that afternoon, this person phoned Caffey that he would send his truck to pick up the merchandise. About 3:30 that day a dispatcher at a messenger service received a telephone call from a man giving the name of Luke Waters, stating that he was with Tidewater Associated Oil Company, asking the dispatcher to send one of their trucks to pick up this merchandise at Western Metals, and telling him to hold it at the office of the messenger service. A driver for the messenger service picked up the goods at Western Metals and brought them back to the messenger office. Later that day this person again called the messenger service and instructed them to deliver the goods to the Railway Express Company saying: “ One of my men will be at the Railway Express Company. If you pull your truck in around the back, in other words where the freight cars are, a man there will meet you and take care of the merchandise.” The truck driver for the messenger service drove to the Railway Express Company and inquired about a representative from Tidewater who was to receive the goods, but no one knew anything about it. Five minutes later an unidentified man approached the truck driver and asked if he had a load for the Tidewater Associated Oil. He informed the truck driver he was the man who was to take delivery, took the goods and paid the delivery charge.