People v. Richardson

MARKS, J.

Defendant was convicted of the crime of burglary in the first degree. He has appealed from the judgment and from the order denying his motion for new trial. He presents two grounds for'a reversal of the judgment and order; first, that the evidence is insufficient to sustain his conviction of burglary in either the first or second degrees, and, second, that it is insufficient to sustain his conviction of burglary in the first degree.

S. B. Clasbey owned an orange grove west of Anaheim in Orange County. On it was situated a house in which he

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and his family resided. On March 31, 1935, the Clasbeys left the house at about 1 o’clock in the afternoon, leaving it thoroughly locked. They returned at about 8:30 o ’clock the same evening, found the back door broken open and that a shotgun, two watches, a gold cigarette lighter and some jewelry had been stolen.

Defendant and one Leo Marlowe became acquainted in Dallas, Texas, in 1931. They again met while prisoners in a San Quentin prison road camp in northern California. Defendant was released in the fall of 1934 and Marlowe in the latter part of March, 1935.

On his release defendant went to Los Angeles and lived with J. R. Mailman, who did not know of his prison record. Defendant secured employment as a truck driver with the Beggs Produce Company. On each day of the week, except Saturday, he drove a truck on the round trip between Los Angeles and Carlsbad, usually ending the trip in Los Angeles around 8 or 8 :30 o ’clock at night.

Marlowe appeared at the Mailman home in Los Angeles on March 24, 1935. During the ensuing week he spent several nights there as the guest of defendant, both occupying the same room. The first trip on which Marlowe accompanied defendant was on March 31, 1935. Upon this trip, when the truck was opposite the Clasbey home Marlowe asked defendant to stop, saying he had to get something there. The truck was stopped and Marlowe went toward the house where he remained some time. Defendant became impatient, alighted from-the truck and went through the orchard toward the rear of the house from which place he called to Marlowe who appeared bearing a bundle wrapped in paper.' The two returned through the orchard to the truck and the journey to Carlsbad was resumed. Marlowe spent the night with defendant and the gun was placed in the closet of the bedroom. The foregoing facts are all gleaned from the testimony of defendant who maintained he did not know that Marlowe had entered the house and stolen the property.