People v. Mangipane

WARNE, J. pro tem.* The appellant was found guilty by a jury of the charge of wilfully secreting a motor vehicle with intent to defraud an insurance company. (Pen. Code, § 548.) He appeals from the judgment entered and from the order denying his motion for a new trial.

Mangipane, the appellant, was the registered owner of a 1954 Ford pickup truck. On March 24, 1955, he and his wife drove the truck to the downtown area of the city of Modesto to go shopping. He parked the truck on the north side of “K” Street between 12th and 13th Streets. He locked the ignition, but he did not lock the doors. He and his wife shopped for approximately two hours and returned about 9 p. m. to the place where the vehicle had been parked. The truck was not there. He then reported the vehicle as stolen to the police. Subsequently, during the month of May, 1955, appellant filed a claim of loss with his insurer, who eventually settled the claim for $1,648.94, most of which went to the lien holder. In addition, appellant received the sum of $150 under the provisions of the policy to cover loss of use of the insured vehicle. About a year after the alleged theft, the truck was discovered in a parking lot in the city of Modesto. The motor number had been obliterated, a new license number secured, a 1955 radiator grill had been installed, and the truck had been repainted. The truck was being used by one Joe Trombetta and his wife, she having applied for registration in her name.

From the testimony of a Mr. Edgar Kelly and his wife, Candace Kelly, it was shown that at approximately the time the appellant reported the theft of his truck, the truck was placed in Mr. Kelly’s residence garage by the appellant and Trombetta. The truck remained in the garage for approximately 11 months when, at the insistence of Mrs. Kelly, it was removed by Trombetta to a garage, and it was at that time that the alterations were made on the truck. Just prior to the removal of the truck from the Kelly garage, Mrs. Kelly telephoned to appellant and told him that she wanted the vehicle removed from their garage or she would have to call the police and have it towed away.

Appellant contends that there is no evidence, either direct or by implication, to connect him with the crime charged except the testimony of the witness Edgar Kelly; that the evidence shows that Kelly was an accomplice as a matter of [248]law; and that his testimony was not corroborated as required by Penal Code, section 1111, and that the judgment should be reversed for that sole reason.