Weathers

After a trial by jury defendant, Fred Weathers, was convicted of grand theft in violation of section 487, subdivision 1, of the Penal Code. Defendant had previously admitted that three priors alleged in the information were true. After his motion for a new trial was denied, defendant was sentenced to state prison. This appeal is from the judgment of conviction.

On December 29, 1966, the victim, Joseph Anekstein, an 82-year-old retired dressmaker, was approached by a man who introduced himself as a seaman in the merchant marine of a foreign country (hereinafter, “the seaman”). The seaman told Anekstein that he was carrying about $20,000 in cash; that he wanted to deposit it in a bank but his captain had told him that if he put the money in he could not later get it out. Anekstein explained that this was not so and agreed to show the seaman his deposit book and withdraw all the money shown as the balance on deposit in order to prove that deposited money would be returned. The seaman told Anekstein that he would give him up to $2,000 for this proof.

At this point, a bystander was stopped by the seaman and the same story related. The bystander (hereinafter, the “driver”) offered to…