People v. Reinschreiber

ASHBURN, J. Defendant Chodak appeals from a judgment convicting him and his codefendant, Ben R. Reinschreiber (also known as Reiner),1 of two counts of grand theft from J. Jay Sakiad (Pen. Code, § 487, subd. 1) and one count of conspiracy to cheat and defraud by criminal means (Pen. Code, § 182, subds. 1 and 4). Count I of the information charged both defendants with grand theft of $15,000 from Sakiad on March 3, 1954; it was dismissed as to defendant Chodak and defendant Reiner was acquitted on that count. The charges upon which defendants were convicted were conspiracy, theft of $6,000 on April 29, 1954, and theft of $3,000 on April 30, 1954. Jury trial was waived by both defendants.

Appellant makes two points on appeal, (1) that the evidence is insufficient to sustain the conviction, and (2) that the crime, if any, was obtaining money by false pretenses, which must be corroborated in the manner required by section 1110, Penal Code, and that there is no such corroboration.

As to the sufficiency of the evidence, it is established that a reviewing court “must assume in favor of the verdict the existence of every fact which the jury could have reasonably deduced from the evidence, and then determine whether such facts are sufficient to support the verdict.” (People v. Newland, 15 Cal.2d 678, 681 [104 P.2d 778].) So viewing the evidence, it proves to be abundantly sufficient.

Mr. Sakiad, engaged in business as a builder, was the uncle of Reiner’s wife. Prior to the occurrences involved herein, Reiner had been convicted of grand larceny in the State of Washington in 1944; of issuing a cheek without sufficient funds in Los Angeles in 1950; later, in 1955, was also found guilty of four counts of grand theft.2

On Monday, March 1, 1954, defendant Reiner told Sakiad he had bought a piece of property in Las Vegas from a Mrs. Preidlander for $42,500; that it had 356 feet of frontage on Highway 91 across the street from the Sands Hotel; that he had made a $2,500 deposit and needed $10,000 or $15,000 [752]to close the deal, which must be done by Wednesday or he would lose his deposit; that he could raise the rest of the money, and if Saldad would supply $10,000 or $15,000 he would have a one-third interest in the property. Reiner took Saklad to Ideal Mortgage Company, where they sought a loan of $15,000 for two or three days; Reiner told Mr. Lee of that concern he could pay it off by the next Monday, but Lee said it must be a three months’ loan. Thereupon, Saklad mortgaged three properties owned by him, gave a mortgage note for $16,500, received $15,000 for same, and turned the money over to Reiner on March 3. Reiner exhibited a check payable to him for $87,400 which he claimed represented the proceeds of sale of certain automobiles; he gave Saklad his personal check for $16,912.50 (amount of mortgage loan, bonus and expenses), explaining that this was done “In ease I drop dead,” and told him to hold it until the large check cleared, which would be on Monday, and Saklad would then get his money. Reiner then drove Saklad to Las Vegas, showed him the property, said he had already gone into escrow on the purchase of it. There was no escrow in fact; the property did not belong to Mrs. Freidlander but to one Roscoe A. Coffman who had owned it for many years, had not agreed to sell it to anyone, and had never put it up for sale. Reiner had made no deal with anyone concerning it. On the following Monday he told Saklad not to deposit the $16,912.50 cheek because the one for $87,400 had not cleared. The first-mentioned check was dishonored when later presented to the bank. Saklad testified that the $15,000 was not a loan and if he got it back on that Monday he was to repay it to Reiner for his one-third interest in the property, doing so upon the sale of the houses which he had mortgaged. Reiner claimed throughout the trial that that $15,000 and the later sums of $6,000 and $3,000 were loans and nothing else.