Ross

People v. Ross

Good Law
165 Cal. App. 2d 447·1958 Cal. App. LEXIS 1308·331 P.2d 652
Court of Appeal of CaliforniaNovember 21, 1958Crim. No. 1195California317 words

Opinion

Lead Opinion

Griffin, J.

Defendant-appellant was convicted by a jury in count one of an information charging grand theft, charging that on July 5, 1957, he stole certain pipe having a value of approximately $1,400, and sold it to a junk dealer; and in count two that he stole a number of specially made cast iron rings from a concrete conduit company valued at $2,600.

According to the officers, defendant told them he and three others picked up the iron rings at the conduit company plant in their truck and defendant admitted he had no authority to do so. The property stolen was sufficiently identified and defendant’s connection with the stealing and sale of it was fully established.

In defense, defendant testified he did not steal the property on the dates alleged; that the scrap iron sold by him was purchased by him in Corona and that he did not authorize nor go with the other persons to steal or sell the scrap iron as *448 alleged in any count. Defendant was acquitted of a charge (count three) of stealing iron buckets and other■ scrap iron claimed to have been sold by him.

The evidence showed that on July 5, 1957, defendant told one McGruder that he had made a deal to buy some metal wheels; that they,…

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