People v. Heckford

BRAY, J.

Defendant was tried by a jury on two counts of burglary (1) at the Sea Gull Tavern, (2) at the Red Mill Tavern. He was acquitted on the second count and found guilty of second degree burglary on the first count. He appeals from the judgment of conviction thereon and from the denial of his motion for new trial.

Questions Presented

Defendant concedes that the evidence is sufficient to support the conviction. He contends that this is a very close case depending upon circumstantial evidence, possession of stolen goods, and defendant’s credibility or lack of it concerning his explanation of that possession. Therefore, he says, alleged error in permitting cross-examination of himself as to why he lost his job was highly prejudicial.

Evidence

August 2, 1955, between 2:30 and 7 a. m. the Red Mill Tavern was burglarized, apparently by entry gained by knocking in a side door. The contents of the coin boxes of the juke box, cigarette and pinball machines were taken, plus a radio, the cord of which apparently broke in the taking. Defendant, his wife and child lived in a cottage at the rear of this tavern.

September 14, the Sea Gull Tavern located a few doors away, was burglarized between 2:30 and 8:30 a. m., entry being gained through a side window which was pried open by some type of prybar. Contents of the coin boxes of the juke box, cigarette and pinball machines were taken. Among other things taken were some 45 R.P.M. records, six bottles of liquor, a hammer, a hatchet and nine beer glasses.

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Several weeks later defendant, Winsett and another entered the Sea Gull and played the pinball machine. Risinger, the proprietor, noticed that they were not playing it very much. He thought that something was a “little strange.” He requested them to leave. He then noticed that the coin box on the machine had been pried but nothing was taken. Also someone had tried to force open the boards nailed over the window in the men’s room. He was not sure that defendant had been in that room, although Winsett had. Risinger did not see defendant do either thing, but was suspicious of defendant, and after acquiring defendant’s identity and address informed Police Inspector Barden. On October 8th, Barden saw defendant and his wife in the Red Mill, told them that he would like to talk to defendant about the recent burglaries. The three plus defendant’s brother-in-law went to defendant’s cottage. There there was a stock of liquor which defendant claimed to have bought in several San Francisco places. Risinger came over to the cottage and identified some of the bottles as stolen from his tavern on September 14th. One was a rare type of Philippine rum, bearing a serial number corresponding to that of one purchased some time prior. Other bottles were identified by the peculiar pouring spouts thereon. Five beer glasses were identified as similar to the stolen glasses. Although Risinger could not positively identify the records found in defendant’s cottage, they were of the same speed, songs and performers as those taken. Defendant, both before Risinger arrived and after Risinger identified the bottles and glasses as above stated, claimed to have brought the beer glasses when some time prior he had moved from Sharp Park, and to have bought the liquor downtown. Defendant claimed that he had bought all the records, some of them from Winsett. Winsett testified he had sold defendant some records. Defendant’s wife testified to the same effect.