People v. Taylor

CONREY, J.

Appeal by defendant from judgment of conviction entered upon verdict finding him guilty of burglary in the second degree, with admission of prior conviction of two felonies.

The evidence shows that during the night of March 1, 1934, the premises of an automobile dealer at 940 East Compton Boulevard, Los Angeles, were burglarized. The place was entered forcibly. The safe wras opened with an acetylene torch and the contents thereof were torn out and strewn about the room. There was taken from a cash drawer $12.20 and from the safe a “pink slip” evidencing title of one Padget to a certain automobile.

A short time prior to date of the crime appellant, a young man of twenty-five years, arrived in California from the east, practically without funds. He occupied an apartment with one Knott, located on Van Ness Street, Los Angeles. Appellant’s two brothers, LaVerne and Aubrey Taylor, who also came from the east, and one Pope, occupied an apartment several blocks distant on North Gower Street. About two weeks after the burglary the “pink slip” taken from the safe was found by the police in the apartment of appellant’s brothers and Pope, in a box containing the personal effects of the brother, LaVerne.

After the burglary there was found on the floor near- the safe, an invoice, previously contained therein, on which invoice appeared the imprint of the rubber heel of a man’s shoe. This invoice was introduced in evidence by the prosecution;

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also a pair of shoes which police officers testified they found in the apartment occupied by appellant and Knott. Two police officers stated that, in the presence of other officers, appellant had identified the shoes as his and, when asked if anyone else wore his shoes, answered in the negative.

The prosecution also introduced in evidence a photograph of the imprint on said invoice and a photograph of the imprint made by one of the rubber heels from said pair of shoes. An expert criminologist then took the stand to testify to the result of his study and comparison of the imprint made by the heel with the imprint on the invoice. He testified that in studying the case he had enlarged the photograph of the imprint on the invoice and made other additional photographs and prints and also created a composite picture from portions of the prints placed in juxtaposition. Without detailing the course of his reasoning, as brought out by his thorough examination, it is sufficient to say that he pointed to correspondence between the objects before him and announced his opinion that the imprint on the invoice was made by said rubber heel from the shoes found in appellant’s apartment. All of this was admitted without objection. Therefore we are concerned, not with its admissibility, but only with its effect.