People v. Brown

GRIFFIN, P. J.

As a result of a jury trial defendant-appellant Harry Stanley Brown was convicted of burglary, second degree. He admitted a prior felony conviction (violation of Veh. Code, § 503). A motion for new trial was denied.

Defendant and one John Griggs had known each other for about 10 years. Previously, defendant had lived in the Griggs home for several weeks and knew that a key to the house was kept in the garage. Spencer Griggs and his wife also lived there on January 22, 1958. In their bedroom, on top of the dresser, they kept a piggy bank with about $25 in it. They had other money in the dresser drawer. On the morning of January 23d Spencer’s wife went to work at about 5:30 a. m., John Griggs left about 6 ;20 a. m., and Spencer about 7 a. m. All doors were locked. When the wife returned home that evening she discovered the piggy bank and its contents were gone, in addition to $40 which had been kept in the dresser drawer. She said as she unlocked the front door she thought the back door flew open. Griggs’ landlady, living next door, said she saw defendant go into the garage and then to the front door of the Griggs home and enter it about 10 a. m. on January 23d. She positively identified defendant in court. The landlord also testified he saw defendant in the vicinity of that home at that same time. Another neighbor said she saw him the same day about the same time, getting out of his ear which he parked in her driveway, saw him walk to the Griggs home and stand at the front door, but she did not see him leave.

One witness said defendant made a $25 payment on a loan in her office on January 23d, after 11 a. m. A police officer found the receipt for this amount in defendant’s wallet on January 24th. Defendant told him he had not been working and that a Mr. May had loaned him the money; that he paid the finance company a loan of $25 about 1 p.m. on January 23d. May testified defendant had worked for him at one time and that he had loaned him money on occasions but had not loaned him any money on January 23d.

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A gas station employee testified defendant came to his station about 11 a. m. on January 23d, had his car greased, and paid back a $4.00 debt he owed, bought $3.00 worth of gasoline, left about three-quarters of an hour later, and that he usually bought gasoline in small amounts such as 50 cents to 75 cents at a time.