People v. Urban

GRIFFIN, J. Defendant was charged in one count of an information with obtaining money ($800), property of the complaining witness, Alice (Skeetz) Herr ell, on September 20, 1956, by false and fraudulent representations and pre[285]tenses, in violation of section 532 of the Penal Code. In a second count it was charged that on October 9th, 1956, he took her personal property valued at about $580, in violation of section 484 of the Penal Code. A third count charges, and he admitted, he had been previously convicted of the crime of assault with intent to rob, and served a term of imprisonment therefor in the Oregon State Prison. A jury trial resulted in a conviction on count one and guilty of petit theft, an offense included in count two. Defendant appealed from the judgment and order denying a new trial.

It appears that the complaining witness was a waitress and was divorced in 1950. She had two children. Defendant, a cook, was divorced in 1946. They met about September 16, 1956, and within a few days defendant asked her to marry him. The following evening he suggested they go to Mexico to get married. He assured her of the legality of a Mexican marriage. Bn route they stopped at some office in Tijuana, a paper was signed, they kissed, and were told they were married. They remained in Mexico that night. On September 19, en route to her home in San Diego, the question of money arose. Apparently defendant had knowledge of a bank account the complaining witness had in one of the branch banks. Defendant told her he had about $900 in a bank in San Diego and suggested that the complaining witness place her $800 or $900 in a joint savings account with his money. The complaining witness agreed. The next day she withdrew $820 from her account which she had earned as a waitress. She handed it to defendant and he said he would go and deposit it to a joint account and that “together we have $1800.” He bought her a wrist watch and gave it to her. It appears defendant had only $170.27 deposited in his bank account. Although there is some evidence that defendant obtained a blank form of joint account it was never left with the bank and no such an account was opened. The complaining witness believed defendant had opened such an account. A few days thereafter defendant left for Las Vegas, Nevada. The next day he telephoned “Skeetz” and said he had had an automobile accident there and asked her to wire him $50. She did so and took an airplane, to meet him. He met her and there was no apparent damage to the car. They proceeded to see the sights at Las Vegas. Defendant gambled and lost. He had the complaining witness cash checks and give him the proceeds. He promised when they returned to San Diego he