People v. Kellert

SALSMAN, J.

Appellant was convicted of burglary (Pen. Code, § 459) and theft (Pen. Code, § 487) and brings this appeal, contending the evidence is insufficient to support his conviction.

The record before us shows that in November 1961 appellant, a parolee and unemployed, was directed by his parole officer to find a job. He obtained work as a dishwasher at the Crystal Springs Golf Club, in San Mateo County, where he had previously been empoyed. Appellant had resigned his earlier employment in September, after receiving $2,300 in settlement of a personal injury claim. In November the proceeds of this settlement appear to have been exhausted. In December appellant borrowed $20 from the owner of the club. Between Christmas and New Tear’s day appellant tried to purchase a car from a fellow employee, but could not raise the $350 purchase price. At that time he stated he had only $100.

The club maintained a safe on its premises, and when the management was unable to deposit the receipts of the business in a bank they were kept in the safe. The safe could only be opened by use of a combination. At the time of the burglary and theft, receipts from December 27th to and including January 1st had not been banked, but were deposited in the safe. Receipts from various departments of the business, as well as the receipts for different days, were separately totalled on an adding machine, and the adding machine tape was wrapped around bills and checks from each department separately. After the receipts of January 1st had been

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segregated and taped there were approximately thirty-one separate rolls and tapes in the safe, representing over $9,000 in cash and checks.

Appellant’s last shift terminated shortly after 2 a.m. on January 1st. He had no car, and since the bus station was several miles distant from the club, he was driven to the station by a friend.

The club was open for business on January 1st, but closed at 5 p.m. Before closing, the owners placed the day’s receipts in the safe and locked it. At 6 p.m. the janitor inspected the premises and found all doors properly locked and the premises secure. At 6 a.m. the following morning the janitor again made his rounds and found all doors locked as they had been the night before. At 8 a.m. an employee of the club arrived for work, and opened the safe. The money compartment was empty. The employee called the San Mateo County Sheriff's office, which began an investigation.