People v. Shirley

55 Cal.2d 521 (1961)

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Nature of the Case

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Facts

D received welfare aid for herself and minor children periodically commencing in 1948. She was informed repeatedly that it was her duty to keep the county welfare department advised of any changes in the family status or income and that anyone moving into or out of the house would affect her welfare budget. On October 21, 1958, D reported to a county social worker that her only income was the money she received from the welfare department, plus the occasional earnings of two of her children and that there were no unrelated adults living with the family. She was again advised of her duty to keep the welfare department informed regarding income and household members, and she agreed to report any change in income or other financial conditions. A social worker visited D at her home on April 14, 1959, and found a Mr. Shirley there, fully clothed but wearing bedroom slippers. Investigators from the district attorney's office called at D's home about 2:30 a. m. and found Shirley in bed in her bedroom. D told the investigators that Shirley had been living in her home for at least six months and that during this time he had averaged spending $20 a week for household expenses and in addition had given her $10 a week in cash. His total contributions during that period were approximately $800. D said that he had also helped with payments on a refrigerator. D admitted knowing that she should report all income received by her and any changes in the number of persons in the home. On April 23, 1959, she reported to the welfare department that she had married Shirley on the previous day. The department recomputed defendant's budget for the period in question and determined that she had been overpaid $1,811. D was convicted of grand theft. D appealed.