People v. Aragon, Cr. 5956

• Decision Date: 23 October 1957
• Docket Number: Cr. 5956
• Citation: 154 Cal.App.2d 646,316 P.2d 370
• Court: California Court of Appeals Court of Appeals
• Parties: PEOPLE of the State of California, Plaintiff and Respondent, v. Arthur ARAGON, Defendant and Appellant.

Page 370

316 P.2d 370

154 Cal.App.2d 646

PEOPLE of the State of California, Plaintiff and Respondent, v. Arthur ARAGON, Defendant and Appellant.

Cr. 5956.

District Court of Appeal, Second District, Division 1, California.

Oct. 23, 1957.

Jules J. Covey of Covey & Covey, Hollywood, Paul Caruso, Beverly Hills, for appellant.

Edmund G. Brown, Atty. Gen., William E. James and Morris Schachter, Deputy Attys. Gen., for respondent.

FOURT, Justice.

This is an appeal from an order denying the defendant's motion for a new trial and from a 'probation order' denying probation to the defendant.

The defendant was accused in an indictment by the grant jury of Los Angeles county of a violation of section 337b, Penal Code, in that he did, in substance, about December 7, 1956, unlawfully offer to give a sum of money to Dick Goldstein with the intention and understanding that Goldstein would not use his best efforts to win a certain boxing contest, in which contest each of them was to participate, and with the further understanding that Goldstein would so conduct himself as to assist and enable Aragon to win the boxing event. The defendant was found guilty by a jury and thereafter made a motion for a new trial upon all of the statutory grounds which such motion was denied. Probation also was denied although recommended by the probation officers (because, as the judge said, the defendant 'fails to recognize that he has a problem', and because the defendant, after the verdict, in a letter, stated, 'I deny I offered him money to lay down to me'), and the defendant was thereupon sentenced to the state prison for the time prescribed by law.

A substantial resume of the facts as developed by the evidence is as follows: Aragon has been a professional prize fighter for about fourteen years, and has had about 100 fights, losing fifteen or seventeen and winning over fifty of them by knockouts. On December 7, 1956, he was rated number three in the welterweight division. Aragon was scheduled to fight an unrated colored boxer by the name of Tyler in San Antonio, Texas, on December 18, 1956. After the fight had been scheduled the promoters determined that under the circumstances as they then existed in Texas, Tyler would not be a suitable opponent. Tyler thereupon was cancelled out as a contestant for that occasion. It appears that Willie Ginsberg, who has to do with a gymnasium in Los Angeles, was contacted by the Texas promoters for assistance or suggestions in securing a replacement of Tyler as an opponent for Aragon for the fight on the 18th of December. Apparently Ginsberg contacted Aragon with reference to the matter. Aragon stated that Ginsberg told him that Goldstein would be his opponent.

Richard Goldstein was a part-time employee in a liquor store and part-time prize fighter, and former part-time sparring partner of Aragon, of the same weight class. He stated that on December 7th, Aragon called him on the telephone and talked to him about the fight. On direct examination he said that Aragon asked him if he would like to fight him in Texas and make some money for Christmas, and that he, Goldstein, replied that he would like it, and that Aragon then said, 'Remember one thing. You have to go out in four rounds.' On cross-examination Goldstein stated that Aragon told him in the telephone talk that the fight with Tyler was off and that he inquired if he, Goldstein, would like to take the fight and he, Glodstein, said that he would and was then told by Aragon to come out to his house in North Hollywood and they would talk it over. On further cross-examination of Goldstein the question was put to him: '* * * On the telephone he didn't say anything about a fix or bribe or dive or third or fourth round, is that correct?', and Goldstein answered, 'Nothing.' Later Goldstein testified that he did not recall anything about a fourth round being mentioned in the telephone talk and that he did not recall that anything was said about 'taking a dive' in the telephone talk. It was also brought out that the witness had testified to still another version of the telephone conversation when he was before the grand jury.

Goldstein arrived at Aragon's house about 2:00 o'clock p. m., December 7th, with a woman friend, Beverly Ibarra. The two men went into one of the bedrooms where a conversation took place between them. The versions of what was said in the bedroom are as varied as the versions of the telephone conversation. Goldstein stated, however among other things, that Aragon told him in the bedroom that, 'Only on one occasion I would take the fight--when you go out in four rounds.' Goldstein further stated that Aragon told him that he, Goldstein, would receive $750 from the promoters, and that Aragon would 'take good care' of him, and that they would make lots of money together. In answer to such comments Goldstein stated that he said, 'OK.' Goldstein was then supposedly told by Aragon to see Willie Ginsberg of the gymnasium to get the address where he was to send his newspaper clippings and pictures in San Antonio for advertisement purposes. The next day Goldstein sent certain clippings to Sam Slotsky, in San Antonio, and Goldstein stated that on the same day in the gymnasium in Los Angeles Aragon passed him and held up four fingers. Goldstein went to Bob Borish, an agent of the Federal Bureau of Investigation in Los Angeles and had a talk with him. Borish, however, was not called as a witness by either side and did not testify at the trial.

Between December 7, 1956 and December 14, 1956, Goldstein and Aragon had several conversations. Goldstein stated that on December 13th, about 4:30 o'clock p. m., he and Aragon met Mrs. Sylvia Lierman on Fourth Street near its intersection with Main Street, in the city of Los Angeles. At that particular point Fourth Street was a one-way street. Mrs. Lierman was employed at a nearby bank and was just getting off from work. Although it was during the Christmas holiday season and during the traffic rush hours, Goldstein said that he and Aragon parked the automobile they were in on Fourth Street for about five minutes and Mrs. Lierman entered the car, whereupon Aragon gave her cab fare to go home because Goldstein intended to drive Aragon out to his North Hollywood home. Goldstein testified on direct examination that Aragon then said, 'Kid, this time I give you five hundred only. Next time we make it lots of money together.' On cross-examination the question was put, '* * * Can you tell me, sir, which day in December, 1956, if it was in December, 1956, Mr. Aragon first mentioned the $500 to you?', and Goldstein answered, 'I believe it was in Texas. I don't recall. Maybe he mentioned the same time in the car because he showed--he told me I would make lots of money when I stick with him. This time I only get so much and next time I will make it twice as much.'

There was another meeting at a Greek restaurant on Fourth Street where there were present Goldstein, Aragon and another fighter by the name of Kid Centella. Mrs. Lierman came to the restaurant later and had coffee with the group.

On Friday, December 14, 1956, Goldstein left Los Angeles for San Antonio by airline. The fare of $174 for the ticket was loaned to Goldstein by Aragon because Goldstein did not want to advance any money without a written contract. Goldstein arrived in San Antonio and was met by Sam Slotsky who, with Jimmy Parks, was a promoter of the fight in San Antonio. On Sunday, Goldstein went to stay at the Gunther hotel, where he had a room.

Aragon arrived in San Antonio on Saturday, the 15th of December, and stayed at a hotel some two blocks away from the Gunther hotel. Mr. Furiani, a manufacturer of furniture, of Los Angeles, traveled with aragon and was staying with him. Goldstein, Aragon and Furiani met and had dinner together and talked about the fight. On Sunday, Aragon called Goldstein on the telephone and told him to come to his room and Goldstein complied. Goldstein later worked out in a gynasium and saw Aragon there, where they supposedly had a short talk with each other. Later that afternoon Goldstein, Aragon, Furiani and Jimmy Parks met in the coffee shop of the Gunther hotel. Goldstein and Aragon supposedly got into a scuffle or fight and Aragon and Furiani then left. This was done to make publicity for the event of the 18th.

Goldstein further testified that on Monday afternoon he was in Aragon's hotel room and that Aragon explained to him how he was to get hit and throw the fight, and further, during that same talk, Aragon told him to get $500 and put it up for good faith because he, Aragon, did not trust him. Aragon was to get Jimmy Parks to advance $500 to Goldstein.

On Tuesday morning, December 18th, before the weighing-in ceremonies, Goldstein went to Aragon's room and Aragon told Goldstein to go to Parks and get the money and turn it over to him, and he then would in turn give it to a friend for the purpose of betting on the outcome of the fight. At the weighing-in ceremony a doctor was present and gave Aragon a casual examination, and Aragon said, 'I'm in good shape.' This was said by Aragon in spite of the fact that for several days prior thereto he had been under the care and attention of his physicians and doctors in Los Angeles for an ailment and was taking medication prescribed by such doctors therefor.

Parks paid to Goldstein on account $500, and Goldstein with Mr. Busrelli, who was acting as Goldstein's trainer, went to the bank, and with the money secured traveller's checks and put them into the hotel safety box. Goldstein went to his hotel room and later received a call from Aragon telling him to get the money to him. Goldstein told Aragon that he had bet the money on the fight and could not get it. Aragon then told Goldstein to get the money back by 4:00 o'clock p. m., and Goldstein agreed that he would do so.

That afternoon Goldstein called the police of the city of San Antonio, and later a...