People v. Hildreth

FOURT, J.

This is an appeal from a judgment of conviction of burglary in the second degree and from an order denying a motion for a new trial.

In an information filed in Los Angeles County the defendant was charged with burglary (violation of Pen. Code, § 459) in that he did on February 3, 1961, enter a laundromat called Brown’s Coin-O-Matic, located in the 8900 block on Reseda Boulevard, with intent to commit a theft. The defendant pleaded not guilty. The case was tried before a jury which found the defendant guilty of burglary in the second degree. A motion for a new trial was denied. Plaintiff was committed to the California Youth Authority. The appeal is from the verdict, judgment and order. The verdict is nonappealable.

(People

v.

Vetri,

178 Cal.App.2d 385, 387 [2 Cal.Rptr. 795].)

A résumé of some of the facts most favorable to the prosecution is as follows: on February 2, 1961, Bertha Scott was in a laundromat located in the Van Nuys area at approximately 9 p. m. Her purse was upon a chair close by. While she was engaged in handling certain clothing, two boys (one of whom was appellant) came into the laundromat. She had her attention called to her purse and upon looking for the purse it was gone. Her wallet within the purse contained a notebook, two folders of keys, a lipstick, a compact and cigarettes. There was also money in the amount of five or six dollars in the handbag. She recovered her wallet from a Mrs. Reeves, who was located at 14116 Erwin Street, and her purse from the police department.

On February 3, 1961, Dorothy Michael was in the Brown’s Coin-O-Matic laundromat in the 8900 block on Reseda Boulevard from about 7 p. m. until after 8 p. m. After she had put some clothing into a machine she sat down on a bench and placed her purse beside her. Two boys entered the laundromat, walked to the back, came back through and went out the

[470]

front entrance. Appellant was one of the two boys. The boys reentered the laundromat and when they came close to Mrs. Michael the boy nearest her grabbed her purse from the bench. She grabbed for the purse but apparently was unable to secure it as the boys continued to a car which was parked in the alleyway. Mrs. Michael’s purse contained about $40, an $85 watch, a driver’s license, an oil company credit card, photographs, glasses case, cosmetics and other items. She subsequently saw her watch in a pawnshop in Reseda.