People v. Hosney

204 Cal. App. 2d 584, 22 Cal. Rptr. 397, 1962 Cal. App. LEXIS 2281
CourtCalifornia Court of Appeal
DecidedJune 13, 1962
DocketCrim. 7525
StatusPublished
Cited by2 cases

This text of 204 Cal. App. 2d 584 (People v. Hosney) is published on Counsel Stack Legal Research, covering California Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
People v. Hosney, 204 Cal. App. 2d 584, 22 Cal. Rptr. 397, 1962 Cal. App. LEXIS 2281 (Cal. Ct. App. 1962).

Opinion

WOOD, P. J.

Defendant was accused of forgery in that on October 24, 1959, in the County of Los Angeles, California, he did unlawfully forge a certain sales ticket and order for the payment of $99.98 and did pass the same with the intent to defraud William Benkle, Zeidler and Zeidler, Ltd., and Diners’ Club, Inc.

Trial by jury was waived. By stipulation the cause was submitted upon the transcript of the preliminary examination, reserving the right to offer additional evidence.

Defendant was adjudged guilty. His notice of appeal (prepared by himself) states that he appeals his case. It will be assumed that he has appealed from the judgment.

Appellant contends that the record does not show that there was jurisdiction or venue in the trial court to hear or determine the cause; and that the court erred in reading and *586 considering testimony of witnesses in another case in adjudging the defendant guilty.

The Diners’ Club credit card herein referred to, bearing number 13LA-539, was issued to John D. Anderson, 10738 Sharon Street, Sunland, California.

The merchandise sales slip herein referred to (Exhibit 1) shows that a credit sale for $99.98, based on the credit card, was made to John D. Anderson, 10738 Sharon Street, Sun-land, California.

Jack Bottom testified as follows: On October 24, 1959, he was an employee of, and was present at, the Zeidler and Zeidler store at “1448 North Crescent Heights.” About 9 :30 a. m. on that day he saw the defendant in the store making a purchase of merchandise for which the charge, including tax, was $99.98. Mr. Byrnes, who was then the manager of the store, made the sale and made the sales slip (Exhibit 1) which reflected the transaction. It was a credit sale on the basis of a Diners’ Club credit card, which card, bearing the number 13LA-539, was issued to John D. Anderson. Defendant had that credit card. He (witness) saw the defendant write the name “John D. Anderson,” as a signature, on the bottom of the sales slip. Since the amount of the credit sale was over $50, it was necessary to obtain approval of the sale. The merchandise was not delivered to defendant but was held at the counter while the salesman, Mr. Byrnes, made a telephone call. Then the salesman told defendant that he had to wait for an authorization, and there would be a little delay while this was being checked. Defendant left the store, but did not take the merchandise or the credit card. The defendant had been in the store previously and had purchased a jump suit, which suit he was wearing on the day of this credit card transaction.

John D. Anderson testified: That he formerly lived at 10738 Sharon Street in Sunland, California. Prior to October 24, 1959, he had a Diners’ Club credit card which was issued in his name, John D. Anderson, and which stated his address as 10738 Sharon Street, Sunland, California. He lost the card prior to said October 24. He had never been in the Zeidler and Zeidler store, and he had not given the defendant or anyone permission to use his credit card and make a purchase anywhere, and he had not given defendant or anyone permission to sign his (witness’) name on the sales slip (Exhibit 1). He (witness) did not sign the name, “John D. Anderson,” on the sales slip.

*587 Appellant argues, with reference to his contention that venue was not established, that the record does not show in what state, county, or city the alleged forgery was committed; that the only evidence in the record is that it was committed at a store known as Zeidler and Zeidler at 1448 North Crescent Heights; and that the record fails to show what is referred to by “1448 North Crescent Heights,” that is, whether it refers to a street, avenue, or place.

Mr. Bottom testified, as above stated, that the transaction involved herein occurred at 1448 North Crescent Heights. He did not state further information regarding the address. The sales slip, received as Exhibit 1, has a printed heading thereon which includes the name “Zeidler & Zeidler Ltd.” and three street addresses, one of which is “1448 N. Crescent Heights Blvd.” It thus appears that further information, regarding the address where the transaction occurred, is that “1448 North Crescent Heights” refers to a boulevard. Below that address (on the sales slip) are the words “Sunset Strip.” The other printed addresses on the sales slip are: “800 N. Vermont Ave.” and “806 N. Vermont Ave.” Courts may take judicial notice of geographical facts. (In re Ryan, 61 Cal.App.2d 310, 314 [142 P.2d 769] ; Code Civ. Proc., § 1875, subd. 9.) The trial court could take judicial notice that there is, in the County of Los Angeles, California, in the metropolitan area of the City of Los Angeles, a street address known as “1448 North Crescent Heights Boulevard.” (See People v. Ikner, 142 Cal.App.2d 145, 148-149 [298 P.2d 45]; and People v. De Soto, 33 Cal.App.2d 478, 480 [92 P.2d 466].) It could also take judicial notice that there are in the City of Los Angeles, California, street addresses known as “800 North Vermont Avenue” and “806 North Vermont Avenue.” It could also take such notice that a part of Sunset Boulevard, which is in Los Angeles County, California, is known as “Sunset Strip,” and that said place is near “1448 North Crescent Heights Boulevard.” Venue is a question of fact and may be established by circumstantial evidence. (People v. Ford, 133 Cal.App.2d 695, 697 [284 P.2d 836]; and People v. Ikner, supra, at page 148.) No witness was asked at the preliminary examination or the trial whether the incidents related by him occurred in Los Angeles County, California. No witnesses testified that such incidents occurred in said county. The information alleged that the crime of forgery was committed in said Los Angeles *588 County. The case was tried in the Superior Court at Los Angeles, the county seat of said county. The record does not disclose by whom the defendant was arrested. The point with reference to failure to establish venue was not raised at the preliminary examination or the trial. Defendant did not testify. It might well be that in cities or counties' other than the City and the County of Los Angeles there is an address known as “1448 North Crescent Heights Boulevard,” but the trial judge herein, in determining the matter of venue, might reasonably have concluded that the combination of material geographical facts of which he could take judicial notice (such as said street addresses and the location of ‘ ‘ Sunset Strip” with relation to the “North Crescent Heights” address) was uncommon and unique and for that reason such combination of judicially noticed facts constituted strong circumstantial evidence that the crime occurred in Los Angeles County, California.

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Related

People v. Dorsey
270 Cal. App. 2d 423 (California Court of Appeal, 1969)
Buckley v. Bacon
240 Cal. App. 2d 34 (California Court of Appeal, 1966)

Cite This Page — Counsel Stack

Bluebook (online)
204 Cal. App. 2d 584, 22 Cal. Rptr. 397, 1962 Cal. App. LEXIS 2281, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-hosney-calctapp-1962.