People v. Weizer

FILES, P. J. Defendant Weizer and codefendant Horton were convicted by a jury of four counts of grand theft. The court suspended proceedings as to Weizer (hereinafter referred to as defendant) and granted 10 years’ probation on condition he spend the first six months in county jail. Defendant appeals from the “judgment.”1

[857]Defendant and codefendant Horton were charged with the theft, on four different occasions, of pipe from the Haldeman Pipe and Supply Company. On these occasions Horton, who was in charge of shipping and receiving for the Haldeman company, would arrange to have a load of pipe shipped to a plumbing surplus company owned by defendant. Defendant would then sell the pipe and divide the receipts with Horton.

Jack Manildi, proprietor of Haldeman Pipe and Supply Company, testified that he had never authorized these deliveries to defendant. The comptroller of the company found no record of these transactions. Donald Henry, manager of Haldeman, testified that he began an investigation when, in November of 1962, the company received through the mail a copy of a trucking invoice for pipe delivered to defendant. When no record of such a sale was found, inquiry was made of the trucking company, and, as a result, three other shipments of pipe to defendant were discovered.

On December 7, 1962, in Manildi’s office, Horton made a full confession in the presence of Manildi and Thomas J. Menalo who was the representative of a bonding company. This confession was reduced to writing by Menalo and Horton signed it. Horton was then taken to a police station, where he was arrested.

The following morning two police officers accompanied Horton to defendant’s place of business, where Horton repeated his confession in defendant’s presence. One of the officers testified that he then asked defendant what he had to say and defendant responded: “ ‘I guess it was Horton’s and my idea together. I am wrong, I admit it.’ ” He also said: “ ‘I knew I’d get caught, but then I have had other chances to buy stuff and these were the only four times I ever did.' ” Defendant then went with the officers to the police station, where, later in the day, he was booked.

At the trial defendant testified that he received the pipe, but said that he had purchased it under an oral agreement with Manildi. Defendant testified further that it had been their practice not to issue invoices or receipts, that payment had always been in cash because Manildi would not accept his check, and that he had been allowed to pay whenever he was able.