People v. Colletta

McCOMB, J.

From a judgment of guilty of burglary in the second degree after trial before the court without a jury, defendant appeals.

*

There is also an appeal from the order denying his motion for a new trial.

Questions

First:

Was the evidence sufficient to sustain the judgment of guilty ?

This question must be answered in the affirmative. The evidence disclosed that Felix B. Seay was the owner of a hardware store located at 7522 Sunset Boulevard, Los Angeles. On July 30, 1949 (Saturday) at approximately 5:30 p.m. he left his store which was locked. Mr. Seay did not go to his store on Sunday. Mr. Fraser, who operated a bakery next to Mr. Seay’s store, on Monday, August 1, 1949, at about 3:45 a. m. heard hammering sounds emanating from the hardware store, whereupon he summoned the police. When Officer Donovan arrived at the store at approximately 4:00 a. m. on the morning of August 1st, he found that other police officers had arrived before him; that the back door of the store was open and the glass in the back window broken. The combination had been knocked off the safe and a hydraulic automobile jack was lying near the safe.

At about 4:45 a. m., Officer Donovan was driving on Hobart near its intersection with Sunset Boulevard when defendant was seen leaving a taxicab. The officer asked defendant where he had taken the taxicab, to which defendant replied “on Sunset Boulevard” near a big drive-in. Defendant was then asked why his hands were all dirty. He replied that he had been out with a friend of his named “Johnny”

[3]

and Johnny’s girl friend, that his hands had become dirty when he had changed a flat tire.

He was then taken back to Sunset Boulevard and asked to point out where he had entered the taxicab. Defendant indicated a place described as Simon’s Drive-in on Sunset Boulevard near Ivar.

Defendant was then taken to the Hollywood Cab Company where a cab driver named Ocha stated that he had picked defendant up on the southwest corner of Fountain and LaBrea Streets and had received a dollar from him. Defendant agreed that he had given the cab driver a dollar.