People v. Dedrick

BRAY, J.* Defendant appeals from judgment of conviction after verdict, of violation of sections 484-487, Penal Code (grand theft).

Questions

1. Sufficiency of evidence.

2. Was defendant sufficiently warned of his right to an attorney to admit his extrajudicial statements?

Evidence

Defendant was charged by information with having wilfully and unlawfully taken $7,000 from one Otto Will on October 14, 1965.

Otto Will, the complaining witness, was a retired rancher 87 years of age and a resident of Santa Rosa since 1949. In the Summit Savings and Loan he had $24,900 on deposit, money received from inheritances. He had known defendant for only a few months. He had made defendant certain prior loans, one for $2,000 to enable defendant to buy a Chevrolet, another for $800 to enable defendant to pay his bills, and another for $500 for an unnamed purpose.

On or about October 14,1965, defendant represented to Will that he had bought a house on which he had made a down-payment and that if within a day or two he did not pay the [752]remainder of the purchase price, $7,000, he would lose both the house and the downpayment. Because defendant was a friend and because he promised to repay the loan, plus a good " dividend, ’ ’ as soon as he received certain insurance money which was due him because of injuries he had sustained in an automobile accident, Will loaned him $7,000.

On October 14, defendant accompanied Will to the savings and loan office, waiting for him on the corner while Will went inside. Will told the loan officer that he desired to withdraw $7,000 to loan to a friend who was either purchasing or making a payment on a home. (The loan officer corroborated this.) The latter suggested that Will obtain the name, address and telephone number of the friend to whom the loan was to be made, and also suggested that he have papers drawn by an attorney before he loaned the money without collateral. Will did not know the defendant’s address or telephone number. Will then went out to defendant, who stated that he would not sign any papers nor give his name and address. Returning to the savings and loan office, Will obtained a check for $7,000. Will then went to the Exchange Bank. Defendant waited outside in his car. Will told the bank teller that he was lending the money to an individual who was purchasing a home and needed cash. The teller suggested a cashier’s check so that Will would have a receipt for the money, but Will said the person to whom he was lending the money did not want a check or anything of that nature. (The teller corroborated Will’s testimony in this respect.) Will was then given $7,000 in $100 bills. Will took these out and gave them to defendant.