Woods v. People, 15404.
| Decision Date | 11 October 1943 |
| Docket Number | 15404. |
| Citation | 111 Colo. 448,142 P.2d 386 |
| Parties | WOODS v. PEOPLE. |
| Court | Colorado Supreme Court |
Rehearing Denied Nov. 1, 1943.
Error to District Court, City and County of Denver; William A Black, Judge.
Oscar Woods was convicted of larceny from the person, and he brings error.
Affirmed.
John F Mueller, of Denver, for plaintiff in error.
Gail L Ireland, Atty. Gen., H. Lawrence Hinkley, Dep. Atty. Gen and James S. Henderson, Asst. Atty. Gen., for defendant in error.
Oscar Woods, plaintiff in error, reference to whom hereinafter will be as defendant, was charged with the crimes of grand larceny and larceny from the person in an information containing two counts.
A jury found him guilty of larceny from the person as charged in the second count, and thereon he was sentenced to a term of not less than nine years and not more than nine and one-half years in the state penitentiary. Seeking to reverse this judgment he has sued out a writ of error, asking that the writ be made to operate as a supersedeas and that the cause be finally determined on the merits on the supersedeas application. The Attorney General has joined in the latter request, and we elect to proceed accordingly.
The complaining witness was one Lewandowski, a resident of Wyoming, who, prior to November 15, 1942, had spent a couple of weeks vacation in Denver. The facts as related by Lewandowski, stated briefly, are as follows: On the evening of said November 15, he made arrangements to return to his home in Wyoming; that late in the afternoon he had dinner at the Manhattan restaurant; that he returned to his hotel room where he packed his bags and counted his money--$381 composed of five new fifty-dollar bills, six new twenty-dollar bills, a ten-dollar bill and some small change; that he then went to the bus depot at 17th and Welton streets where he made inquires concerning the checking of his baggage, and at which time he purchased a ticket to Casper, Wyoming, for the sum of $7.10, presenting the tendollar bill in payment therefor, and that this was the last time he opened his wallet; that after paying for his ticket, the wallet contained five fifty-dollar bills, the six twenty-dollar bills and a dollar bill; that in it also was a book of three-cent stamps, four of which had been removed; that since he still had about an hour Before the departure of the bus he decided to go to Sarconi's Billiard Parlor to bid a friend goodbye; that upon his return to the station to board the bus he tried to check another bag and was refused; that he left his coat and bag in the station and went out on the sidewalk where he took out his wallet with the intention of putting his ticket in it, but for some reason did not do so and returned the wallet to his pocket; that he reentered the bus station, picked up his belongings and walked out again to board the bus; that he noticed the defendant who quickly turned his face away; that he again noticed defendant standing directly behind him Before he boarded the bus; that he, Lewandowski, stood in line for about two minutes; that after he boarded the bus and had put his bags away, he seatted himself and reached for his wallet and found it gone; that he immediately got off the bus and walked to the police station where he reported the matter and was shown some pictures, one of which he identified as being that of the defendant; that a short time thereafter he accompanied police officers to a section of the city known as Five Points; that they parked their car near the Glenarm Y. M. C. A. and waited until about 1:30 a.m.; that about that time a man resembling the defendant was seen to enter the Y. M. C. A.; that three of the officers followed him to his room, where they were admitted by him; that they searched him and found $19 in his wallet; that in a dresser drawer they found a book of three-cent stamps, four of which had been taken out; that they also found two letters in the room in his handwriting, written to two persons in Gary, Indiana, in which he stated he was going to pay them what he owed them soon; that the officers were about to take him to police headquarters when he asked if he might change his socks; that he was granted permission to do so; that in taking his socks out of a bag the officers saw him remove something which he tried to hide...
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...'(1) that the property was lost by the owner; and (2) that it was lost by a felonious taking.' 32 Am.Jur. 1033, § 121; Woods v. People, 111 Colo. 448, 142 P.2d 386. Legislative right to declare that the proof of one fact shall be presumptive or prima facie evidence of another is no longer o......
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