People v. Smith

VALLÉE, J.

In a nonjury trial defendant was convicted on two counts of burglary. The burglaries were alleged to have been committed on March 26, 1958, in entering two stores in West Covina, known as Elegantia Men’s Wear and Norm Meager’s Men’s Store. Defendant appeals from the judgment.

In the morning of March 26, 1958, defendant and Beverly Day drove an automobile from Los Angeles to West Covina. In West Covina they entered Elegantia Men’s Wear. The owner and Mr. Wise, the manager, were in the store. Elegantia carried only men’s wear. Defendant had been in the store on one prior occasion looking for a suit. Wise waited on defend

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ant for about 15 minutes. During this time Beverly was on the opposite side of the store in a section where jackets and slacks were kept. Wise’s back was toward her. There were some 16 suits in that section which had been received by the store the night before and had not been “ticketed.” After defendant had looked at several suits he and Beverly left the store. A few minutes later Wise started to ticket the 16 suits and found only 15.

A little later that morning defendant and Beverly entered Norm Meager’s Men’s Store, also in West Covina. Mr. Bouquette was working alone in the store. He showed a suit to defendant. Beverly was present when they started to look at the suit and then she went to the back of the store. She requested permission to use one of the dressing rooms to fix a shoulder strap. While defendant was looking at suits she stepped out the back door toward the parking lot and later returned. Defendant tried on a suit and asked Bouquette if he (Bouquette) would slip it on. Defendant appeared to like it. Bouquette figured the price of the suit. Defendant then walked to the end of the store where he talked to Beverly. He pulled out a “folded bunch of bills,” counted them, and talked to Beverly as to whether they could afford the suit. Beverly shook her head, indicating she disagreed. Defendant and Beverly then told Bouquette they would talk it over and return later. Later that day, after a call from the police, Bouquette found that three suits were missing from the store. He looked in the dressing room which Beverly had used and found three of the store’s wooden hangers similar to the ones on which the three missing suits had been hanging.

Later defendant and Beverly were in Greene’s Men’s Wear Store in West Covina. Then they drove to Redlands, where they entered Fowler’s Men’s Store. During the course of the day they went into six or seven men’s stores.