People v. Griffin

• Decision Date: 10 June 1950
• Docket Number: Cr. 2144
• Citation: 219 P.2d 519,98 Cal.App.2d 1
• Court: California Court of Appeals Court of Appeals
• Parties: PEOPLE v. GRIFFIN et al.

Page 519

219 P.2d 519

98 Cal.App.2d 1

PEOPLE v. GRIFFIN et al.

Cr. 2144.

District Court of Appeal, Third District, California.

June 10, 1950.

As Modified on Denial of Rehearing June 24, 1950.

Hearing Denied July 10, 1950.

Robert Miller Green, Los Angeles, Joseph Ball, Long Beach, Robert P. Dockeray, Burbank, Gerry Giesler, Los Angeles, Leroy Lounibos, Petaluma, for appellants.

Fred N. Howser, Attorney General, Doris H. Maier, Deputy Attorney General, for respondent.

PER CURIAM.

Appellants William Griffin, Wiley H. Caddel, and James Mulligan, together with defendants Fred Grange, Paul McCarty and Robert Gray, were jointly indicted in Mendocino County on five counts of felony. The first count charged conspiracy to violate sections 67 and 68 of the Penal Code, in that from about November 1, 1947, to and including June 13, 1948, all six defendants conspired to give and offer bribes to executive officers of this State, with intent to influence said officers in respect to their action and decision as such officers, and also charged that they conspired to ask for and agreed to receive bribes as executive officers and employees of the State upon the understanding that their action in matters then pending before the said executive officers and employees on matters which might be brought before them in their official capacities would be influenced thereby. Three alleged overt acts were pleaded as having been committed pursuant to this conspiracy. The second count charged all six defendants with conspiring to violate section 330a of the Penal Code, in that during the same period they conspired to have under their control, either as owners, agents, employees, or otherwise, slot machines upon the result of the action on which money was then and thereafter to be hazarded. Ten overt acts were alleged to have been committed pursuant to this conspiracy.

The defendants were then charged by the indictment with having violated section 67 of the Penal Code, as follows: Count Three charged all six defendants with having given a bribe to Sheriff B. G. Broaddus on April 30, 1948; Count Four charged all six defendants with having given a bribe to Sheriff Broaddus on June 3, 1948; and Count Five charged all six defendants with having given a bribe to Sheriff Broaddus' deputy, William White, on June 3, 1948.

Before the trial began, defendant Grange entered a plea of guilty to the first count of the indictment, and on motion of the district attorney Counts Two, three, Four and Five were dismissed as against him.

The trial of the case commenced on November 8, 1948. During its course, and before the People had rested their case, the court granted motions of the district attorney to discharge defendants Gray and McCarty in order that each might be made a witness for the People, pursuant to the provisions of section 1099 of the Penal Code.

On December 3, 1948, the jury returned its verdict finding each of the appellants guilty on each of the five counts of the indictment.

After denial of probation, judgment was rendered as follows: Each of the three appellants was sentenced to prison for the term prescribed by law on each of the five counts of the indictment; in the case of appellant Griffin, the term of imprisonment on each of the said five counts was ordered to run concurrently; appellant Mulligan's sentence provided that the terms of imprisonment imposed as to Counts One, Three, Four and Five should run concurrently, and that the imprisonment under Count Two should run consecutively to that imposed under the other four counts; appellant Caddel's sentence provided that the terms of imprisonment imposed under Counts One and Five should run concurrently, that the terms imposed under Counts Three and Four should also run concurrently, but should commence at the termination of the term of imprisonment imposed under Counts One and Five, and that the term imposed under Count Two should commence upon the termination of the term imposed under Counts Three and Four.

The three defendants moved for new trials, which motions were denied, and they have now separately appealed from the judgments of conviction, and from the orders denying their motions for new trials.

Prior to the trial appellant Caddel filed in this court a petition for a writ of prohibition to prevent the Mendocino County Superior Court from trying the cause. Said petition was denied.

The appellants contend in this appeal that the evidence was insufficient as a matter of law to justify the convictions; that testimony of accomplices was not corroborated as required by law; that the court committed error in denying motions for mistrial, for advisory verdicts and to strike evidence, and also in instructing the jury; that the court committed error in overruling demurrer to Count One of the indictment; and that the district attorney was guilty of prejudicial misconduct.

The record on appeal is voluminous, the Reporter's Transcript alone containing 4,127 pages. Fifty-three witnesses were called and examined, and over 100 exhibits admitted into evidence.

Stating the facts in the light most favorable to respondent, as we are required to do, People v. Newland, 15 Cal.2d 678, 104 P.2d 778; People v. Hannon, 44 Cal.App.2d 484, 112 P.2d 719, they showed that defendant Fred Grange, who had been associated over a period of years in gambling enterprises, was, in the latter part of 1947 and in 1948, a part owner of Lane's Flat, a resport in Mendocino County. Appellant Griffin was an employee at Lane's Flat. Defendant Robert Gray was an owner and operator of slot machines and had lately been in partnership in the machines with one Gobels. This partnership having been split up, Gray, being in financial difficulty, contacted Fred Grange for assistance. After some conversations an agreement was reached whereby Grange would become a partner in the ownership and operation of the slot machines. Grange, in turn, agreed to co-sign a contract for Gray evidencing certain indebtedness on the machines to the Morris Plan, and to underwrite the monthly payments under said contract of $546.64, until such time as the revenue from the machines was sufficient to take care of the installments. Appellant Griffin took part in these discussions, and it was agreed that he would participate in the new arrangement, and in particular that he would act as mechanic for the slot machines.

Pursuant to this agreement, and on the 5th day of January, 1948, the contract with the Morris Plan was signed by Grange on behalf of Gray. Shortly afterward Gray's slot machines, which had been stored at Andy's Place in Willits, were moved in a truck by Griffin and Gray to Lane's Flat. The machines being in poor condition, it was necessary to have them repaired, and they were taken to San Francisco to the M. S. Wolf Distributing Co. Appellant Griffin went along so that he might become familiar with the mechanism of the machines. A system of bookkeeping was then set up in which the expenditures of the new business were entered, and, later on, the revenue. When the machines had been repaired they were returned to Mendocino County where the owners of various resorts were contacted and the machines placed on location and in operation.

In the preceding late summer, Grange had become acquainted with appellant Mulligan, a retired police officer of Los Angeles. In November of that year Mulligan had come to Lane's Flat and was there at a time when Grange, Griffin and Gray were also present. After that occasion in November Grange had seen Mulligan either at Lane's Flat or in San Francisco and they had talked about slot machine operations. Mulligan claimed to have a connection with the attorney general's office through appellant Caddel, who was employed by that office as an undercover operative. Mulligan and Caddel were friends of many years' standing, and Mulligan informed Grange that Caddel and he were partners. He also informed Grange that unless 'arrangements' were made in Mendocino County slot machines would not be allowed to operate. He instructed Grange to get a list of the slot machine operators and their locations, and to find out what kind of fellows the sheriff and district attorney were, and who knew them.

Both Grange and Griffin undertook to do this. On two occasions Grange contacted different deputy sheriffs in Mendocino County and sought information as to what the 'deal' was on slot machines. Both of these officers assured Grange there was none. In these conversations the policy of the attorney general's office on slot machines was mentioned, and Grange declared, 'Well, I have that fixed.' In his talk with Deputy Sheriff William White, Grange elaborated on the subject further by describing a method whereby the local officers might know that 'everything was all right' with the attorney general's office. This consisted of the giving of a certain confirmatory sign or signal whereby a representative of the attorney general's office, at a prearranged time, would call on the sheriff for no ostensible reason, and then having merely passed the time of day would depart. Information as to the use of this signal had been given to Grange by Mulligan.

Griffin's efforts to obtain the desired information were along a different line. He introduced himself to Paul McCarty, originally indicted as one of the conspirators, and who was reputed to be the largest operator of slot machines in Mendocino County. He informed McCarty that he (Griffin) was going to be a mechanic for Bob Gray's machines, and that Grange had acquired an interest in them. Griffin then asked McCarty 'what the score was in the county,' how they ran slot machines there, and asked 'who the person was to talk to.' McCarty replied that his brother, Pete, handled the matter.

Grange followed this up by also interviewing McCarty. He told McCarty of the partnership which he (Grange) now had with Gray, and since he was interested in the slot machine business he wanted...