People v. Estrella

DORAN, J.

The appellant, charged jointly with Richard Chavez Estrella and Alex Amadril Vasquez, was convicted of burglary of Woodruff’s Mens Store in Alhambra. The burglary involved theft of 89 tropical worsted suits and 22 pairs of shoes from a warehouse, of the approximate value on a cost basis, of $1,200, the loss being discovered by the proprietor on" December 17, 1951, at about 11:30 a. m. The warehouse door, although closed, was not locked during the daytime, and the goods in question were just inside the door. The defendant Vasquez pleaded guilty; Estrella, who pleaded not guilty, was tried with appellant Martinez and convicted. The appellant pleaded not guilty and admitted a prior conviction.

The first time the defendant Martinez was seen by Mr. Woodruff, the proprietor, was on December 21, 1951, about 11:30 a. m. when appellant was observed standing near a green Pontiac sedan not far from the warehouse, talking to two men in the automobile. About the same time, Horace Whipple, an employee, likewise saw Martinez standing beside the green Pontiac; defendant Vasquez was seated behind the steering wheel, and Estrella was walking from the vicinity of the warehouse door toward the alley. Two other employees, Mrs. Freda Koontz, a part-time saleslady, and Curtiss Ellis, a salesman and buyer, had seen Martinez and the green Pontiac near the warehouse, on December 17, 1951.

Stolen articles were found in Estrella’s bedroom, at Vasquez’ residence, and in Martinez ’ possession. Part of the merchandise was recovered from the Central Market where it had been disposed of. The defendants were identified at the police station by the proprietor and others. Martinez denied being implicated in the burglary; claimed that stolen shoes were a present from Vasquez, and that “he got the suit from Vasquez.” The other defendants attempted to exonerate Martinez and Estrella testified that Martinez was

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not present at the Woodruff store.- There was testimony by police officers to the effect that the defendants had admitted being involved in the burglary; this conversation was denied by defendants. The green sedan was owned by Estrella’s wife who was arrested but later released.

The appellant testified to employment as a “swamper,” unloading fruits and vegetables at the Union Terminal Market, earning $20 or less per day; appellant was married and supporting a family. Martinez denied ever having been at the Woodruff store. Appellant likewise denied having any conversation with officers to the effect that “the reason he was denying his part in the burglary was because he was on parole and would have to go up for two years.” Officer Schofield testified that “We asked the defendant Martinez how many shots or caps per day he was required to keep him fixed, and he stated between six or eight. I asked him how much they were per cap. He said five dollars. ... A cap “is a small capsule full of some form of narcotics that is used for administration by hypodermic needle.” There was testimony by Bailiff Jack Barnes that the defendant Yasquez had stated in the courtroom that “If I would tell the truth, all three of us would go to jail.”