People v. Murray

FOX, J.

Defendant Brainerd was convicted of violating Vehicle Code, section 503 (driving an automobile without the owner’s consent). He appeals from the judgment and the order denying his motion for a new trial.

On February 2d or 3d, 1955, Cecil M. Johnson’s Chevrolet Club Coupé, bearing California license plates No. 1W51385, was stolen. On the latter date, Officer Goodman apprehended appellant and defendant Murray while they were riding in a sedan that belonged to appellant. Upon inspection of the car the officer found, under the right front seat, two 1955 California license plates No. 1W51385. Both Brainerd and Murray denied knowledge of the plates.

According to Murray’s statement, he and appellant, in the latter’s sedan, drove to the scene of the theft on the night of February 2d where they decided to steal the coupé. Murray stated that they “broke in the right wind wing to gain entrance to the car.” The officer’s examination of the vehicle revealed “evidence of tool marks on the right wind wing.” Appellant drove thé coupé “home” being followed by Murray in appellant’s car. They removed the license plates and placed them under the right front seat of appellant’s sedan, where Officer Goodman later found them.

Appellant and Murray were taken to the Wilshire Police Station, in Los Angeles, upon their arrest. It was there that Murray, in the absence of Brainerd, gave a statement, which was reduced to writing, admitting the theft and implicating

[602]

Brainerd. Murray and Brainerd were then taken to the Los Angeles city jail. En route to the jail Officer Mack asked appellant whether he “knew anything about the stolen Chevrolet.” Brainerd replied that “he didn’t have anything to say about it at that time.”

In the interview room at the city jail, Officer Mack audibly read Murray’s statement in the presence of both Murray and Brainerd. Murray reaffirmed the truthfulness of the statement' and stated he had nothing to add to it. Officer Mack then asked appellant: “You heard me read this complete statement?” He replied, “Yes, I did.” “Is it true you do not deny it, that you do not wish to make a statement regarding this on advice of your attorney?” Appellant responded: “Well, yes, that is right. My wife has talked to an attorney, but I don’t know who he is, but I don’t want to make a statement at this time.”