People v. Johnson

[303]

WOOD (Parker), J.

Defendant Pleasant and one Johnson were charged with burglary. Johnson pleaded guilty. In a nonjury trial (jury having been waived), Pleasant was adjudged guilty of burglary of the second degree. He appeals from the judgment, and he contends that the evidence was insufficient.

The owner of a drugstore in Los Angeles testified that when he left the store on November 19, 1955, about 10 p. m., he locked the doors and set the alarm; there was nothing unusual about the premises when he left; when he returned the next morning about 5 :30 o ’clock he observed that holes had been cut in the roof and the ceiling, and that several holes had been bored in a counter; he had not given anyone permission to enter the store that night in his absence.

Police officers went to the drugstore on November 20, 1955, about 5 a. m., in response to a radio call. They heard someone running on the roof. Officer Kingston went upon the roof, found Pleasant hiding under a sign, and arrested him. Then they climbed from the roof to the ground.

Officer Lee went inside the store and arrested Johnson who was lying under boxes on top of the telephone booth.

A hole, about 20 inches by 20 inches, had been cut in the roof. A hole, about 1% feet in diameter, had been cut in the ceiling. Several holes had been bored in a counter.

Officer Lee testified that when Pleasant had come from the roof to the ground, the officer asked him where his partner was, and he replied that “he was inside the last he saw of him, when he was going through the ceiling to the roof and he was about to enter when he heard the police car pull up.”

Officer Tidyman testified that, in a conversation with Pleasant on November 23, Pleasant said: that on November 20, about 2 a. m., he parked his car about a block from the drugstore, walked to the store, and climbed upon the roof by climbing a building that was being constructed next to the store; after he was on the roof Johnson handed him the tools that were in a canvas bag; Johnson made the hole in the roof and went inside, and he (Pleasant) was waiting to go inside when the officers arrived; he (Pleasant) expected to get narcotics from the store.

Pleasant did not testify and did not call any witness in his behalf.