People v. Earle
| Decision Date | 20 November 1963 |
| Docket Number | Cr. 8946 |
| Citation | 35 Cal.Rptr. 265,222 Cal.App.2d 476 |
| Court | California Court of Appeals Court of Appeals |
| Parties | The PEOPLE, Plaintiff and Respondent, v. John Henry EARLE, Defendant and Appellant. |
A. Brigham Rose, San Diego, for defendant and appellant.
Stanley Mosk, Atty. Gen., William E. James, Asst. Atty. Gen., Louis L. Selby and David Rothman, Deputy Attys. Gen., for plaintiff and respondent.
Defendant appeals from a judgment of conviction of grand theft in which a prior felony conviction was found to be true. The following is a summary of the evidence presented:
Sol Halfan was an employee of the Morningside Medical Pharmacy in Los Angeles. On June 12, 1962, he was working behind the prescription counter in the pharmacy. The store's receipts for deposit in the bank, were kept in a money bag which was placed behind this counter. This area of the store was not open to the public, and the only access to the area was through a private storeroom or through a gate in the front of the counter. At approximately 10:00 a. m. Halfan was making change at a cash register when he noticed defendant hunched down behind the counter near the spot where the money bag had been placed. He called to defendant, 'Hey, you, what are you doing there?' Whereupon, defendant picked up the money bag, and carrying it under his arm, ran out of the store. Halfan gave pursuit, chasing defendant around the block twice before overtaking him on a side street. During the chase, Halfan never lost sight of defendant or of the money bag which defendant had taken from the store.
Milton Cook was a customer in the pharmacy at the time defendant took the money bag and ran out of the store. Ronald Terry was standing outside. Both men joined Halfan in the chase and helped to apprehend defendant.
James V. Brown of Los Angeles Police Department arrived at the scene and placed defendant under arrest. The officer united the money bag, emptied its contents, and observed that the bag contained cancelled checks made out to 'Morningside Pharmacy,' and $245.28 in cash.
Leland Yee, an employee of the Morningside Pharmacy, testified that he had placed more than $200 in the bag taken by defendant. Halfan testified that defendant did not have permission to take this money.
Defendant neither took the stand nor offered evidence in his behalf.
Defendant contends his conviction must be reversed because the prosecution failed to establish that he knew, or...
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People v. Davis
...by means of trespass and (5) with intent to steal the property, and (6) carries the property away. (See, e.g., People v. Earle (1963) 222 Cal.App.2d 476, 477-478, 35 Cal.Rptr. 265; People v. Edwards (1925) 72 Cal.App. 102, 112-116, 236 P. 944; CALJIC No. 14.02; Perkins & Boyce, Criminal Law......
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U.S. v. Lopez-Martinez
...is required is a taking of property, intentionally, and with knowledge that one is not entitled to it. See People v. Earle, 1963, 222 Cal.App.2d 476, 477-78, 35 Cal.Rptr. 265. The Federal theft statute, 18 U.S.C. Sec. 641, is similar. See United States v. DiGilio, 3 Cir., 1976, 538 F.2d 972......
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Bennett v. United States, 21063.
...in nature, "without the consent of the owner." People v. Johnson, 136 Cal.App.2d 665, 673, 289 P.2d 90, 94 (1955); People v. Earle, 222 Cal.App.2d 476, 35 Cal.Rptr. 265 (1963); Callan v. Superior Court, 204 Cal.App.2d 652, 22 Cal.Rptr. 508 (1962); People v. Torres, 201 Cal.App.2d 290, 20 Ca......
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State v. Combariati
...to the same conclusion. Commonwealth v. Schraffa, 2 Mass.App. 808, 308 N.E.2d 575, 576 (Mass.App.1974); People v. Earle, 222 Cal.App.2d 476, 35 Cal.Rptr. 265, 266 (D.Cr.App.1963); Stevens v. State, 19 Neb. 647, 28 N.W. 304, 306 (Sup.Ct.1886). It is therefore appropriate to deal with the nat......