Wirth
People v. Wirth
Opinion
Opinion
Duniway, J.
Appeal from a judgment of conviction (order granting probation) of two counts of violation of Insurance Code, section 556, subdivision (b), making and subscribing a writing with the intent to use it in support of a false claim of loss under a contract of insurance, and one count of violation of Insurance Code, section 556, subdivision (a), presenting a false claim under a contract of insurance. Defendant claims that the evidence was insufficient to sustain the conviction, that he was unlawfully entrapped, and that the district attorney was guilty of misconduct requiring a reversal. We conclude that the judgment must be affirmed.
1. The evidence was sufficient.
The evidence of guilt was more than sufficient; it was almost overwhelming. It shows that on two occasions, July 29, 1958 (count one), and August 15, 1958 (count two), defendant signed written statements which he gave to the insurance company’s adjuster in support of a claim of loss under a policy insuring his car against theft. The first statement says: ‘1 The car was equipped with radio, heater, Pordomatic, clock, seat covers when it was stolen. All of the window glass in the ear was in good condition at the time of the…