People v. Crain

LILLIE, J. Defendants were charged with grand theft (§ 487, subd. 1, Pen. Code); the cause was submitted to the court on the transcript of the testimony taken at the preliminary hearing. No additional evidence was offered and neither defendant testified or offered a defense. Both defendants were found guilty of petty theft (§ 488, Pen. Code), a lesser but necessarily included offense. They appeal from the judgments.

Anita Evans, owner of an apartment house, rented an upstairs apartment to defendants on June 1, 1965. The apartment was completely furnished by Mrs. Evans with all necessary items, including dishes, glassware, linens, kitchenware and appliances. Served by the marshal with papers on July 12, 1965, defendants were to leave on July 15, 1965. Defendants moved out on July 17, 1965; on that day they left the lights on, “so that night at 10 :30 at night the 17th of the month” Mrs. Evans told her son “Let’s go upstairs.” They went to the upstairs apartment and found the defendants gone and the cupboards empty. The door was closed, and Mrs. Evans found the key to the apartment on the table in the kitchen. She discovered to be missing her dinnerware worth approximately $600, glassware costing $7 each, 6 champagne glasses costing $15 each, all sheets and all items in the kitchen, including a rotary beater with all its parts and cooking pans appropriate for a turkey. Mrs. Evans did not give the defendants or anyone else permission to take any of the items from the apartment.

Appellants contend that the evidence is insufficient to connect them with the crime, or to show that they possessed the intent to feloniously carry away the property. They argue that the opportunity to take the property does not ‘ ‘ overcome the presumption of their innocence” and that the prosecution failed to show that they had exclusive possession of or access to the apartment. “It is the trier of fact, not the appellate court, that must be convinced of a defendant’s guilt beyond a reasonable doubt. If the circumstances reasonably justify the trier of fact’s findings, the opinion of the reviewing court that the circumstances might also be reasonably reconciled with a contrary finding does not warrant a reversal of the judgment.” (People v. Robillard, 55 Cal.2d 88, 93 [10 Cal.Rptr. 167, 358 P.2d 295, 83 A.L.R.2d 1086]; People v. Daugherty, 40 Cal.2d 876, 884 [256 P.2d 911]; People v. Hillery, 62 Cal.2d 692, 702 [44 Cal.Rptr. 30, 401 P.2d 382].) The test on appeal is whether there is substantial evidence to support the conclusion of the trier of fact. (People v. Newland, 15 Cal.2d 678, 681 [104 P.2d 778].)

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