People v. Holt

BARNARD, P. J.

The defendant was charged with having committed burglary on April 15, 1948, by entering a cabin cruiser known as the “M. Seoggin” and located at Newport Beach Harbor, with intent to commit the crime of theft. After trial by the court without a jury he was found guilty of burglary in the second degree. His application for probation was heard and denied, and he has appealed from a judgment by which he was committed to the Youth Authority for the term prescribed by law.

The owner of the boat testified that he and his wife left the boat between 4 and 6 p. m. on April 15, 1948, locking the door to the cabin but leaving some windows open; that they returned about 10:30 that evening; that he at once discovered that the cabin had been entered; and that his leather coat, certain groceries and about $34 in money had been taken. He identified a leather coat which was produced in court as the one which had been taken from his boat, and also identified

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certain canned goods as being the same brands as those he had left on the boat.

A 15-year-old boy testified that he was with the appellant about noon on April 15, 1948, at which time they looked over some of the boats at the Newport docks, where the boat in question was located; that toward night on that day they obtained a rowboat and continued rowing on the bay after dark; that they entered four or five boats, some of which he entered and some of which the appellant entered; that they took their rowboat to the end of the dock where the “M. Scoggin” was located; that while the appellant entered another boat he himself entered the “M. Scoggin” through a window and took a sack of groceries; that as they started to row away he told the appellant that there were some clothes and other articles on the “M. Scoggin,” whereupon the appellant suggested that they go back and “get some more canned goods out of there”; that they returned and the appellant entered the “M. Scoggin” through a window; that the appellant returned with more canned goods and with a leather coat; that the leather coat produced in court was similar to the one the appellant had removed from the boat; that they then went to the other side of the bay and parked under an overpass bridge where they remained all night; that they then had with them all of the things taken from the “M. Scoggin”; that they built a fire and cooked and ate some of the food; and that they separated toward night of the next day. He further stated that they ate some of the groceries taken and that he himself had taken11 a few of the bills. ’ ’