People v. Rissman, Cr. 5512

• Decision Date: 27 July 1956
• Docket Number: Cr. 5512
• Citation: 299 P.2d 944,143 Cal.App.2d 488
• Court: California Court of Appeals Court of Appeals
• Parties: The PEOPLE of the State of California, Plaintiff and Appellant, v. Daniel RISSMAN, Defendant and Respondent.

Page 944

299 P.2d 944

143 Cal.App.2d 488

The PEOPLE of the State of California, Plaintiff and Appellant, v. Daniel RISSMAN, Defendant and Respondent.

Cr. 5512.

District Court of Appeal, Second District, Division 2, California.

July 27, 1956.

Rehearing Denied Aug. 6, 1956.

Edmund G. Brown, Atty. Gen., William E. James, Deputy Atty. Gen., for appellant.

Grossman & Rosen, Herbert Grossman, Los Angeles, for respondent.

MOORE, Presiding Justice.

Respondent was indicted for having violated section 653f of the Penal Code in that (count I) he did solicit Caspar Berger to offer and accept and join in the offer and acceptance of a bribe, November 15, 1952. Count III charges the same crime in that on December 25, 1952, he did solicit Albert Levin to do a similar act. Count II charges grand theft in that on November 15, 1952, he violated section 487(1) of the Penal Code by taking more than $200 in lawful money, the personal property of Caspar Berger. Count IV charges grand theft in that on December 25, 1952, respondent did take more than $200 in lawful money, the personal property of Albert Levin. Pursuant to motion under section 995(2) of the Penal Code, the court set aside the indictment.

From the entire record it appears that in 1952 some person in the office of the Board of Equalization had divulged to certain favored friends that he would cause on-sale liquor licenses to be issued to applicants who would pay extravagant sums therefor. Two individuals who were encouraged to discover potential applicants were Dick Stovall and William Ferguson. The latter was then business representative of the Bartenders' Union while his associate was secretary-treasurer of that Union.

Ferguson testified to the following facts: After a meeting of the business agents, secretary and president of the Union, in November 1952, Stovall told Ferguson that he had or could procure as many as eight on-sale liquor licenses and asked Ferguson whether the latter knew anyone in the market for such a license at a price of $5,500; that the actual amount required by the officer of the Board of Equalization was $2,400 and that Ferguson's commission on a sale would be 50 per cent of the excess over the cost of the license.

Two bartenders, Jay Teale and Karl Berge, visited Ferguson to inquire where they could get a license for a friend, to wit, Caspar Berger at 912 West Pico Street. Ferguson called on Berger and told him the price was $5,500, all cash, no checks. Berger promptly accepted the offer. When Ferguson reported to Stovall his sale to Berger, he was directed to advise Berger to make his application at the office of the Board. The applicant followed instructions and in due season the license was issued. Thereupon Stovall accompanied Ferguson to Berger's saloon and received the $5,500 from their applicant. The currency was placed in a large, white business envelope which Ferguson inserted into his inside coat pocket. The pair thereupon visited the Moose Lodge where they delivered it to Rissman. Nothing was said about the white envelope or its contents but the trio retired to the clubroom and partook generously of alcoholic beverages.

Ferguson testified that during the same period, one Karl Berge inquired whether 'I knew how he might get a license for a friend who managed a bowling alley in El Monte'; that he visited the bowling hall and met Mr. Jones, the manager; after Jones had explained that Mr. Taylor owned the place, Ferguson unfolded his proposition and stated his price was $5,500. Jones asked whether he might raise the price $1,000 to which Ferguson assented. When Jones offered to get from Taylor a cashier's check for $6,500, Ferguson assured him the check would not be cashed until the license had been issued, but Stovall rejected the offer and said only cash would be acceptable. Thereafter, Taylor called at the Union, met Ferguson and asked for reassurance that he was dealing with a person whose word was good and could produce according to his promise. Taylor gave Stovall the money. While it was not seen by Ferguson, Taylor and Stovall mentioned $6,000 several times. After Berger and Taylor had procured their licenses, Stovall paid Ferguson $300 and the latter paid Jay Teale $125 and Karl Berge $50. Ferguson called upon Rissman at the New Palace Cafe and protested the small sum paid him. Together they called upon Stovall at the Union and after Rissman's conversation with Stovall, the latter paid Ferguson another $100. When the latter spoke to Rissman about his demand for more money, respondent replied: 'These licenses cost more than we thought they would cost. We have been out quite a bit of money and, honestly, this is all we received. You are getting more than we got. In the future you give us $4,000. Anything above that will be yours.'

Berger's Testimony

Caspar Berger testified that Stovall told him he would receive special consideration if he made the purchase. When Caspar indicated to Jay Teale that a license could be had for $4,500, Teale told him that the 'Old Man,' i. e. Mr. Bonelli, then a member of the Board, would not sell a license for less than $6,000. While Berger was hesitating to pay such price, a liquor officer told him: 'You are started on this license deal; if you back out you will antagonize them and you may never get a license.' For fear of consequences, Berger paid the $6,000 for which Ferguson gave him an IOU. He suffered many delays before receiving a license, but after he had paid the money, Ferguson and Stovall returned and said: 'The Old Man just bawled the devil out of us for deducting $262.50; said the price was a flat $6,000.'

After he began operating under his 'onsale' license, officers of the Board of Equalization harassed him by frequent calls when they said Berger did not have enough spoons and forks of food and required him to purchase more of such equipment and suspended his license for failing to keep food sales up to requirements, contrary to the fact.

The Levin License

Prior to the preceding events, Paul Bershin became acquainted with Rissman in August 1952 when he discussed with respondent the latter's ability to get a new on-sale liquor license. Such conversations were repeated until December 1952 when respondent told Bershin he was in a position to get a new license issued by the Board of Equalization. Acting upon such statement by Rissman, Bershin introduced him to Albert Levin, whereupon they discussed the advantage of 'putting a whiskey license in a beer spot' and it would be worth more money. Levin told Rissman he had no place to put a license. After they had discussed the licensing of a bar at 3129 West 8th Street, Rissman said: 'You can make application for the location for the license prior to the time the bar is built; licenses have been issued to vacant lots where buildings have later come on there.' Rissman's offer to get Levin a license for $3,500 was agreeable to the latter and it was issued. Levin, however, sold his license to Mike Musso for $6,000.

Albert Levin corroborates in detail the testimony of Mr. Bershin whose office address was used for Levin's application. Bershin introduced him to Rissman at the New Palace Cafe where an agreement was promptly made for the dale of a license to Levin for $3,500. When Levin returned the following day, the price was raised to $4,000, and Rissman said his people would accept no less for a new license from the State Board. Rissman told him to use 3129 West 8th Street as the address on his application; that it would not be necessary for him to have a legitimate bar there. Levin paid $4,000 in currency to Bershin who delivered it to Rissman in Levin's presence. The application was prepared and Levin, under Rissman's instructions, called at the Board's office in the Black Building, asked to see Mr. Moran. The license was issued in the early days of 1953. Levin testified that he sold the license four months later for $6,000.

The Sale to Kinnard

Bershin testified that about the time of the negotiations of Levin and Rissman, respondent has met Cecil Kinnard about a whiskey license for his beer bar at 310 East 5th Street; that Kinnard desired a whiskey license and inquired of Bershin whether the Board was issuing licenses. He was told to see Rissman. He did see respondent who offered to secure a new license for Kinnard for $3,500.

Mr. Kinnard declined to testify 'on the grounds that his answers might incriminate him.'

John Petiva testified that he knew...