People v. Jones

JEFFERSON, J.

In an information filed by the District Attorney of Los Angeles County, defendant was charged with a violation of Penal Code section 459, burglary. Defendant pleaded not guilty. After a jury trial he was found guilty as charged. His motions for a new trial and to reduce the degree of the crime were denied, and he was sentenced to imprisonment in the state prison for the term prescribed by law.

Defendant appeals, in propria persona, principally contending: (1) the evidence was insufficient to support the verdict ; and (2) there was prejudicial misconduct by the district attorney in cross-examining him concerning prior felony convictions.

The facts of the instant ease, viewed favorably to the People, are as follows: On April 2, 1961, Mr. Kenneth D. Williams was staying in a single-family residence located at 1128 East 127th Street in the City of Los Angeles which was rented by Mr. Williams’ uncle, one Merrit J. Vincent and referred to herein as the Vincent residence.

When Mr. Williams left the house, at approximately 4:30 in the afternoon on that date, all of the doors and windows leading to the outside were locked and in good order.

Mr. Willie R. Cochran, another uncle of Mr. Williams, lived in a house which is one block north of the Vincent residence. At approximately 7:30 p. m. on April 2, 1961, Mr. Cochran, from his porch, observed defendant crossing Central Avenue at 126th Street. His attention was drawn to defendant because the latter was shabbily dressed. Ten minutes later Mr. Cochran walked over to the vicinity of the Vincent residence and saw defendant looking .into a vacant house which was next door. Defendant walked across the driveway of the vacant house to the back of the driveway of the Vincent resi

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denee and then to the front door of that house. He opened the door and went in.

Mr. Cochran went to the house and attempted to enter, but the chain fastening inside the door had been hooked. Mr. Cochran then went to his next-door neighbor’s house, borrowed a .38 caliber pistol and returned to the Vincent residence.

He attempted to open the front door again and found the chain hook still across the door. He heard what sounded to him like a chest of drawers or a dresser drawer being moved and other noises in the house. He shouted for the person inside to come out of the house with his hands raised. The defendant came to the front door, took the chain latch off, eased the door open and put his head out. He dropped something which he had in his hand, yelled “Don’t shoot,” opened the door and came out.