People v. Mangum

KINGSLEY, J. Defendant and a eodefendant were charged with the following crimes: grand theft (violation of Pen. Code, § 487, snbd. 3), theft of a vehicle (violation of Veh. Code, § 10851), receiving stolen property (violation of Pen. Code, § 496), and burglary (violation of Pen. Code, § 459).

Defendant with counsel present pled “not guilty" to the charges in the information. A jury was sworn, a mistrial was declared, and defendant, with counsel present, waived trial by jury. Defendant was found guilty on count I (a violation of Pen. Code, § 487, subd. 3) and not guilty on the other counts. A motion for new trial was denied, probation was denied, and defendant was ordered imprisoned in the state prison for the term prescribed by law. Defendant appeals.

Mr. Alfred Young parked his car to buy a newspaper, heard the car crank up, turned around and saw that his car was gone. He could not see who was in the car.

In the early morning hours of August 14, 1965, during the time of the Watts disturbance, while proceeding on foot on 31st towards Vermont, Officer Scott saw the eodefendant run with articles in her hands and get into a 1965 Dodge automobile, license number NOW 769. Officer Scott saw defendant behind the wheel. According to the officer, the engine was running and the lights were on. Two other women were in the car.

Defendant testified that he went to a movie, hitched a ride to Vermont and 31st and started on his way home when he observed police about a block away approaching and shooting. Defendant headed for shelter in an automobile parked on 31st. Defendant testified that he did not know the two young ladies in the ear and that the car lights were out and the engine was not running. About three minutes later the police arrested defendant.

Officer Scott testified that he and another officer were shooting in the vicinity of 31st and Vermont, but that his shooting was not directed at defendant. Officer Scott saw no male person get into the car. Codefendant Wheaton testified that the lights were not on and that the engine was not running.

The only issue before this court is whether the evidence is sufficient to support the verdict.

“It is well settled in larceny cases that in addition to possession there must be substantial evidence establishing other inculpatory circumstances connecting a defendant with the commission of the offense charged. [Citations.] However, [552]