Crovedi

Emil John Crovedi appeals from a judgment of conviction entered after a jury found him guilty of conspiracy to commit grand theft, grand theft and burglary.

On May 22, 1964, defendant Crovedi, together with Lester Harris, Leone Thomas Riccio and Guy Phillip Mendolia, was charged in count I of an indictment with conspiracy to commit grand theft (Pen. Code, § 182). In counts II and III of the indictment Crovedi, together with only Mendolia, was charged *201 respectively with grand theft (Pen. Code, § 487) and with burglary (Pen. Code, § 459). Guy Phillip Mendolia was never apprehended. Crovedi, Harris and Riccio were duly arraigned, and their joint trial was set for November 30, 1964. However, due to illness of his counsel Lester Harris was unable to proceed to trial on that day, and his trial was continued to February 23, 1965. The trial of Crovedi and Riccio commenced as scheduled on November 30, 1964, and the jury found Crovedi guilty of all crimes charged. Sentence was imposed upon him for the crime of grand theft. Riccio was found not guilty of conspiracy to commit grand theft, the only crime charged against him.

The charges brought against all defendants were the result of…

I dissent. I would affirm the judgment for the reasons expressed by Mr. Justice Ralph M. Brown in the opinion prepared by him for the District Court of Appeal in People v. Crovedi (Cal.App.) 49 Cal.Rptr. 724 .