People v. Cahan
| Decision Date | 07 October 1954 |
| Docket Number | Cr. 5181 |
| Citation | 274 P.2d 724 |
| Parties | PEOPLE of the State of California, Plaintiff and Respondent, v. Charles H. CAHAN, Defendant and Appellant. |
| Court | California Court of Appeals Court of Appeals |
Russell E. Parsons, Beverly Hills, for appellant.
Edmund G. Brown, Atty. Gen., Elizabeth Miller, Deputy Atty. Gen., for respondent.
After trial before the court without a jury defendant Charles H. Cahan appeals from a judgment of guilty of conspiring to engage in pool-selling and bookmaking; to keep and occupy rooms for the purpose of receiving bets and wagers; to accept bets and wagers, to record and register bets and wagers on the results of horse races. There is also an appeal from the order denying his motion for new trial.
Was there substantial evidence to sustain the judgment of guilty?
Yes. The following rules are here applicable:
1. Where a number of persons conspire to commit a crime each is criminally responsible for the acts of his co-conspirators performed in furtherance of the agreed plot. (People v. Benenato, 77 Cal.App.2d 350, 356, 175 P.2d 296.)
2. It is not necessary that a party to a conspiracy be present and personally participate with his co-conspirators in all or any of the overt acts. It is sufficient if there be some one act done by one or more of the parties to effect the object of the conspiracy. (People v. Benenato, supra, 77 Cal.App.2d 356, 175 P.2d 296.)
3. On appeal the reviewing court will not determine the weight of the evidence but will decide only whether upon the face of the record it can be held that sufficient facts could have been inferred from the evidence by the trier of fact to sustain the finding of the existence of the essential elements of the crime charged against defendant. (People v. Newland, 15 Cal.2d 678, 681, 104 P.2d 778.)
4. A conspiracy may be established by circumstantial evidence. (People v. Benenato, supra, 77 Cal.App.2d 358, 175 P.2d 296.)
Applying the foregoing rules to the record in the instant case we find that the evidence discloses the following:
In December 1952, two telephones with different numbers were installed at 1541 Glenville Street, Los Angeles; on January 29, 1953, Joseph Cashan rented a house at 1812 South Orchard Avenue, and within a few days two telephones, Prospect 9654 and Prospect 9913 were installed; thereafter, Joseph Cahan, Carr, Crump and Salvino were seen at the Orchard Avenue house.
On March 5, 1953, a listening device was installed in the house at 1812 South Orchard and thereafter the police listened to and made recordings of the talk and sounds which went on in the house. Much of the talk was by Carr, Crump and Duncan and had to do with such things as 'a two and two parlay'; 'four to show'; 'Silver Kay two to win, one to win'; 'Melody three to win, two to place.'
On March 13, 1953, Joseph Cahan, while at 1812 South Orchard Avenue, said: 'Meet me in back of the drive-in at Wilshire and Vermont and I will have the tickets for you myself.' He continued talking and changed the meeting place to the drive-in at Wilshire and Hoover at 1:25. A few minutes later his voice was heard directing some one to
Joseph Cahan left the house at 1812 South Orchard and went to the drive-in at Hoover and Wilshire, carrying a small brown bag. Defendant and Mary Jo Jurin met him there at 1:30 and at 1:35 they left, after Joseph Cahan had given Mary Jo Jurin his brown paper bag.
On March 16, 1953, a telephone was installed in apartment 3 at 5877 West Olympic Boulevard, number Webster 31501, and a second telephone was also installed at 152 South Sycamore, the number being Webster 12833.
On March 19, 1953, Crump and Duncan left 1812 South Orchard together and Crump later met Stuart Greenfield and Gloria Wallace in a drug store. Thereafter Greenfield went to 1541 Glenville.
On March 23, 1953, a telephone was installed at 1852 Middleton Place, number Axminster 38645. A second telephone was installed in apartment 3 at 5877 West Olympic Boulevard, number Webster 37008.
On March 25, 1953, Carr parked his automobile at First and Detroit and entered a car driven by Duncan.
On March 31, 1953, and again on April 2, 1953, defendant was seen outside 1541 Glenville.
On April 6, 1953, a listening device was installed at 1541 Glenville and on April 7, 1953, officers heard the voice of Stuart Greenfield coming over the loudspeaker attached to the installation. The voice stated, among other things, 'this is the bookkeeper' and 'Mort told me to call and check on your tickets for Saturday.' Then followed talk in sums of money and mention of 'bets.' On the same day, a telephone was installed in apartment 6, 2341 Avenue 31, number Capital 28596, and a second telephone was installed at 4834 18th Street, number Webster 17961. Also on that day the car which Duncan had been seen driving on previous occasions was parked at 1024 Rowan Street.
On April 8, 1953, at about 1:00 p.m., William Hall was arrested at 1852 Middleton Place. At the time and place of the arrest officers found a mirror with marks on it, wax pencils, and damp rags. The two telephones rang about 50 times while the officers were there. An officer answered them and after comparing the words and figures which the voices had told him over the telephone, he formed the opinion that the telephone statements were wagers on horses for that date. At 1:15 p.m. of the same date Stuart Greenfield, at 1541 Glenville, was heard by the officers over the loudspeaker to say, 'we lost the Axminster number 58645, a 38645.' Also on April 8, 1953, a second telephone, Capital 7271 was installed in apartment 6 at 2341 Avenue 31.
On April 11, 1953, Joseph Cahan was heard to say over the loudspeaker attached to the installation at 1541 Glenville, 'Don, switch all your customers on a direct line to Webster 17961.'
On April 14, 1953, Stuart Greenfield, Joseph Cahan and defendant were heard over the loudspeaker installed at 1541 Glenville and defendant was heard to say, Defendant talked of horses and a race, and Later the same voice said, to which Stuart Greenfield answered, '19706-17961.' (Webster 17961 was the number of the telephone installed at 4834 18th Street on April 7, 1953.)
On the same day, Joseph Cahan, Stuart Greenfield and defendant left the rear door of 1541 Glenville and walked into the back yard where they had a conversation in which defendant mentioned a person named Joe, who ran a hot dog stand, who was to go to work for them, and Joseph Cahan said that the man could be trusted; that he had been mixed up in narcotics. Thereafter defendant and Stuart Greenfield returned to the house and their voices were again heard over the loudspeaker. Defendant said, 'Have the girl call me at the bookkeeper's will ya,' and later he said, 'Hello, how's everything going. Slow. O.K., I'll get * * * bets on these girls * * * call the clerks to get the following instructions. They don't take any messages from any customers. The only message they'll take is from somebody to have--you know the message when they call--you'll tell 'em, oh, if they want the bookkeeper to call ; ; 'Tie up the number, have you got it tied up?'
About 2:00 p.m. on April 14, 1953, Mary Jo Jurin was arrested in Apartment 3 at 5877 West Olympic Boulevard. In the bedroom of the apartment the officers found a sponge, two grease pencils, the sports section of the Times, and a piece of glass with words and figures on it which, in the opinion of the officers, were names and identification numbers of betters and agents, tracks, horses and wagers on horses running on April 14, 1953. In the officers' opinion the glass was a betting marker. There were two telephones, Webster 37008 and Webster 31501. While the officers were there one of the telephones rang a number of times and voices on the other end gave the answering officer what in his opinion were wagers on horses.
At 2:30 p.m. on that date defendant was heard over the loudspeaker connected with the installation at 1541 Glenville saying, '31501 (interference) 31501 * * *' (Webster 31501 was one of the telephones at 5877 West Olympic where Mary Jo Jurin had been arrested a little over an hour before.) Defendant then said, (Webster 17961 was the telephone number installed at 4834 18th Street on April 7, 1953.) Defendant then said, and then, 'They've got a girl in there that says she's Joe.' After further conversation he said, 'Hello what's doing--we lost one of the stations,' and 'get yours we're gonna use Capital 7271--Capital * * * Right now, I just tied it up and * * *' (Capital 7271 was installed at 2341 Avenue 31.) Later he said, 'Dial that Webster, see how long ya can talk to the girl that answers the phone will ya, ya, Webster 31501, without saying who you are just talk to her for a while,...
To continue reading
Request your trial
-
People v. Cahan
...JJ., concur. SPENCE, Justice. I dissent. The guilt of the appellant is clearly demonstrated by the record before us. See People v. Cahan, Cal.App., 274 P.2d 724. He and his numerous codefendants unquestionably engaged in a far-reaching conspiracy to commit innumerable violations of the laws......