People v. Ingram

FOURT, J.

Roy Ingram appeals from his conviction by the court, sitting without a jury, of burglary. In an information filed by the District Attorney of Los Angeles County, Ingram and two codefendants, Henry Mitchell Jones and Lee Roy Joseph Miller, were charged with burglary in violation of section 459 of the Penal Code. Ingram and each of his codefendants pleaded “Not guilty” and waived jury trial. Ingram ’s motion for new trial and request for probation following his conviction were denied, and he has appealed his conviction.

On or about September 29, 1967, a furniture store located on South San Pedro Street in Los Angeles was partially burned out. Irving Frank, the owner, immediately boarded up the entrances for protection and requested one of his employees, John Harper, who lived in the South Park Hotel directly across the street from the store, to watch the business. John Harper agreed that he would watch the store from his window all night.

On or about September 30, 1967, at 8:30 p.m. John Harper was stationed at his window when he observed a padded furniture truck pull up outside his employer’s store. The driver of the truck, later identified as Lee Roy Joseph Miller, and two others got out of the cab, and another man got out of the back. The men walked over to the door of the furniture store and one of them shook or tested it, then two walked out to the corner of the building and looked around. When they returned, the other two men hit the door full force with their shoulders. John Harper saw the door fly open and then phoned the police. Immediately thereafter he went across the street to investigate personally at the store. As he crossed the street, he saw a patrol car pass, but he couldn’t stop it. Officer Beck, who had received a radio call about the burglary, was in the patrol car and he made a U-turn and immediately returned to the store.

Harper testified that he saw all four men enter the store and that each came out with a lamp in his arms. Ingram and Miller carried lamps away from the furniture store and deposited the lamps in the back of the truck, then all four men went back inside the store. Officer Beck returned to the scene just as the four men came out of the store.

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Officer Beck testified that when he first drove by the store he saw several men in the doorway looking at him and he could see that the door had been broken in. He received a patrol call, turned around and came back just as the four men were leaving the store. Three of them walked toward the truck. He pulled up behind the truck, stopped, got out of the police car and detained the three suspects. He found Miller seated behind the steering wheel and three stolen lamps in the back of the truck. The men were identified by Harper and the store owner further identified the stolen merchandise.