People v. Silk

• Decision Date: 16 December 1955
• Docket Number: No. 200683,200683
• Citation: 138 Cal.App.2d Supp. 899,291 P.2d 1013
• Parties: 138 Cal.App.2d Supp. 899 The PEOPLE of the State of California, Plaintiff and Respondent, v. William SILK, Defendant and Appellant. Appellate Department, Superior Court, San Diego County, California
• Court: California Superior Court

Page 1013

291 P.2d 1013

138 Cal.App.2d Supp. 899

The PEOPLE of the State of California, Plaintiff and Respondent, v. William SILK, Defendant and Appellant.

No. 200683.

Appellate Department, Superior Court, San Diego County, California.

Dec. 16, 1955.

Clinton F. Jones, Escondido, for appellant.

James Don Keller, Dist. Atty., San Diego, and Arnold O. Steele, Deputy Dist. Atty., Rancho Santa Fe, for respondent.

BURCH, Judge.

The question on this appeal is whether violations of the Old Age Pension Act, Welfare and Institutions Code, §§ 2000-2230, admittedly punishable under the Act, Welfare and Institutions Code, §§ 2007, 2008, may also be punished alternatively under the theft statute of the Penal Code.Penal Code, § 484.

The amended complaint (criminal) charges two violations of Section 484 of the Penal Code, one on November 1, 1953, another on December 1, 1953, in that he did:

'* * * wilfully and unlawfully * * * by false and fraudulent representation and pretense, defraud * * * the County of San Diego * * * of $25 * * * in violation of Section 484 of the Penal Code * * *'

The proof offered at the trial in support of the conviction established the fact in each case that defendant represented on his written application for aid that he was not receiving $20 as Social Security from the United States government. He was receiving this Social Security. By reason of the misrepresentation he obtained illegally excess allowances as aid in these amounts to the detriment of the county and contrary to the provisions of the Old Age Pension Act. To knowingly obtain aid to which the applicant is not entitled under the Act is a misdemeanor by the terms of Section 2007 of the Welfare and Institutions Code. By Section 2008 it is a misdemeanor to knowingly violate any provision of the Act for which no penalty is specifically provided.

The Act seeks to secure for every aged person the maximum amount of aid to which he is entitled without attempting to elicit any information not necessary to carry out its provisions. Section 2142.5. The State Department of Social Welfare provides a form of application to be filled out by the applicant and verified under oath. Section 2180. It is clear that defendant violated the provisions of the Act in verifying a false return with knowledge of the fact and that he obtained thereby aid to which he was not entitled; that thereby he is guilty of a misdemeanor by reason of the sections referred to above. The Act deals with a special subject in a comprehensive way and carries its own sanctions apart from the crimes defined in the general law. See Hurst v. City of Burlingame, 207 Cal. 134, 141, 277 P. 308. Among the latter is the offense of obtaining money by false pretenses, forbidden by Section 484 of the Penal Code.

An conflict arises between the respective legislative provisions if each covers the same offense.

'If is well settled, also, that a general provision is controlled by one that is special, the latter being treated as an exception to the former. A specific provision relating to a particular subject will govern in respect to that subject, as against a general provision, although the latter, standing alone, would be broad enough to include the subject to which the more particular provision relates.' Rose v. State of California, 19 Cal.2d 713, 723, 724, 123 P.2d 505, 512.

The rule was early pronounced in People v. Breyfogle, 17 Cal. 504, and where applicable has been consistently adhered to since. It was reaffirmed in In re Williamson, 43 Cal.2d 651, 654, 276 P.2d 593, 594, where the court defined the character of the applicable special statute as 'an exception * * * or qualification' of the prior general one. The Williamson case is of particular interest because the conflict between the special and general legislation was of like nature to the conflict noted here. There the contracotor's license law, Sections 7028 and 7030 of the Business and Professions Code, was held to conflict with subdivision 1 of Section 182 of the Penal Code. After quoting the general rule to the effect that a conflict existed where the general statute standing alone would include the same matter as the special act, the opinion continues:

'Section 182 of the Penal Code is a general statute which covers the field of conspiracies. One of its provisions includes a conspiracy to 'commit any crime.' ...