People v. Bletson

DORAN, J.

Appellant was convicted of attempted burglary of an apartment occupied by Mr. and Mrs. Roy W. Elliott, and admitted prior convictions of grand larceny in 1934, of indecent liberties and assault with intent to commit robbery in 1937, and of burglary in 1945. The building in question was a two-story house located at Hobart Boulevard and 30th Street in Los Angeles, the first floor being occupied by Mr. and Mrs. Elliott. The second floor contained three apartments, one of which was occupied by a Mrs. Hyde. At the rear of the house was a window which opened into the Elliott apartment, and below the window was a wood box, 5 feet 6 inches high. A stairway extended down beside the wood box from the second story.

On the night in question, July 2, 1952, Mr. and Mrs. Elliott had retired. Both were hard of hearing and knew nothing about the attempted burglary until the next morning. The window was previously unbroken and so stuck with paint that it would not open. Mrs. Hyde arrived at the second-floor apartment about 11:30 p. m. and shortly thereafter heard the doorbell ring twice. This was followed by a crash of glass whereupon Mrs. Hyde called the police. Another crash of

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glass was heard just about the time the police arrived. George Harris, walking along the other side of 30th Street, noticed a person standing on a platform between a stairway and a window at the rear of a house across the street; the sound of breaking glass was heard, and a squad ear containing police officers arrived.

Officers Puller and Chinnis arrived on the scene about 11:30 to 11:50 p. m. in response to a call, and upon reaching the intersection, heard the breaking of glass. Chinnis saw a man on top of the wood box facing the window and ordered the defendant to come down. Defendant said, “Give me a break,” but was handcuffed and put in the police car from which an escape was attempted, defendant falling down across the street and being then returned to the ear. There is testimony that Bletson stated, “If you guys will let me go I will give you a thousand dollars ’ ’; that 1 ‘ I have done a lot of time in the pen. I am going to get out of this if I have to lie out”; and that “if I had had my gun with me I would have killed both of you guys as you came up. ’ ’

The defendant, who resided in a house diagonally across the intersection from the Elliott home, denied being on the Elliott property, and claimed to be going to a store when arrested. There were no weapons or burglary tools found in defendant’s possession, defendant’s hands were not cut, and it was not known what instrument was used in breaking the window.