People v. Nance

FOX, P. J.

Defendant was convicted of burglary (second degree). He has appealed from the sentence which, in effect, is an appeal from the judgment.

On December 17, 1958, the home of Donald J. Raekemann was burglarized. Upon returning to his home around 4 o ’clock in the afternoon of that day, Raekemann observed that a closet door had been pried open and that various articles were strewn through the hall and bedroom. On investigation he discovered that two watches, some other jewelry, a Hi-Fi record player, and approximately 100 albums had been taken, 36 of which were later returned.

During the latter part of the morning of the day in question, Mrs. Lois Mende, who lived across the street from the Rackemann house, observed an old, black ear, with two young men in it, drive up to the Raekemann house. Due to the distance, Mrs. Mende was not able to identify the men. She saw the two men go into the house, but did not see them carrying anything out.

One of the men involved in the burglary was Jon Hansen, a brother-in-law of Raekemann.

Officer Robinson investigated this burglary, during the course of which he talked with defendant about it on January 7,1959. He informed defendant that there was an outstanding warrant for his arrest for burglary. Defendant stated that he did not know what it could be unless it was the Raekemann house. The officer told him that the burglary did concern the Raekemann place. Defendant then stated that he did not

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commit the burglary. The officer advised him that someone had stated that he had committed the burglary. Defendant again denied it. He thereupon stated, however, that as long as Jon Hansen had told on him, he would tell what happened. He then stated that Hansen had come by his house early in the morning on the day of the burglary and that Hansen had told him that he had previously burglarized his brother-in-law’s home and had taken a number of cuff links; defendant stated that Hansen told him he had sold the cuff links for practically nothing and later found out that they were quite valuable; that he did not know where to get rid of the stuff, and that there was a lot more of valuable things in the house, and he wanted to burglarize it again; that defendant told Hansen if he (Hansen) burglarized the house then he (defendant) would help him dispose of the things. Defendant told the officer that later on that afternoon Hansen visited him again, and told him that he had committed the burglary and had some of the things; that defendant informed Hansen that he would make a contact to sell the things for him. Defendant said that he thereupon made such contact and took Hansen to the Big Donut on Century and Normandie where the contact was made with a third person and where arrangements were made for Hansen to sell the stolen articles.