PEOPLE V. ORNDORFF
261 Cal.App.2d 212 (1968)
NATURE OF THE CASE: This was an appeal from a conviction of attempted grand theft.
FACTS: The victim testified that he was accosted on the street by a Negro sailor who
asked him concerning a hotel. The sailor displayed a roll of bills and told the victim that
he had been given them by the ship's captain as the proceeds of insurance on the life of his
brother. The victim advised the sailor to put the money in the bank but the sailor demurred
and said if a Negro put money in the bank they would not let him take it out. At this point
in time, D appeared and walked by the two men and was accosted by the victim who asked D to
help straighten out the sailor. After a conversation, the three men drove to the victim's
home to procure his bank book so that he could prove to the sailor that he could safely make
a deposit. They drove to the victim's bank and the sailor remained in the car. D and the
victim then walked to the bank but before reaching it, D stopped and told the victim to go
into the bank alone as D wanted to watch the sailor. The victim went to the bank and met his
wife and they talked to the manager and left the bank to find D and the sailor but they and
D's car had disappeared. Police then went to D's home and advised him of his constitutional
rights, secured permission to search the apartment, discovered a roll of play money and
arrested D. D admitted his participation in the affair but claimed that he recognized the
Jamaica Switch and did not want to get involved because he was on parole and dropped out of
the proceedings as he and the victim approached the bank. The prosecution claimed that D and
the sailor attempted to practice the Switch on the victim but were prevented from success. D
was convicted and appealed.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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