People v. Brooks

MARKS, J.

This is an appeal from judgments following convictions of defendants of burglary in the second degree and from an order denying their motion for new trial. Defendant Simpson has also appealed from an order committing him to the Youth Authority of the State of California, he being 20 years of age. Section 1737.5 of the Welfare and Institutions Code provides that a commitment to the Youth Authority is a judgment that is appealable. We have here an appeal by Brooks from the judgment committing him to the penitentiary for the term prescribed by law, and from the order denying his motion for new trial, and an appeal by Simpson from the order of commitment to the Youth Authority and from the order denying his motion for new trial.

Defendants argue that the evidence is insufficient to support

[659]

the verdict and judgments against them. This requires a brief outline of the pertinent facts.

Juanita’s Shop is a woman’s apparel shop located at 120 West Sixth Street in the city of Corona in Riverside County. At about 3:30 o’clock on the afternoon of May 9, 1945, defendants entered the shop and Simpson asked for a “will call” package containing a lady’s suit. While the proprietress was in the rear of the shop looking for the package Simpson told her it contained a dress and not a suit and went to the rear where she was looking for the package. She could not find it and defendant left the shop. At about five o ’clock p.m. on the same day defendants returned and Simpson purchased a pair of hose and said they were sorry about the trouble caused concerning the “will call” package as they had found it.

At about eight o’clock the following morning it was discovered that the shop had been burglarized and about everything of value stolen. The total value of the articles taken was between four and five thousand dollars. Entry had been made into the shop by chiseling a hole in a panel in the rear door. There were tire marks of an automobile near this rear door.

Defendants were arrested in the city of Corona on May 14, 1945. They were together in an automobile. A search of the car disclosed about fifteen dresses and other articles which had been taken from Juanita’s Shop. There was a screw driver on the floor boards of the car. Its blade fitted exactly into the marks on the rear door of Juanita’s Shop made in chiseling the hole through the panel. This hole was large enough to admit a hand.