People v. Johnson

SHINN, P. J.

Melvin Peter Johnson, a minor, was arrested for purse snatching, grand theft under Penal Code section 487, subdivision 2. The matter was referred to the probation office, and a petition was then filed in the juvenile court alleging that Melvin Johnson had violated a penal statute. Appellant denied the allegations of the petition, a hearing was held, and the court found the petition to be true, made said minor a ward of the court under Welfare and Institutions Code section 602, and committed him to the California Youth Authority. Appeal is taken from the judgment. An appeal is noticed from denial of a motion to vacate the order upon the ground of new evidence.

The facts in this ease are not relevant to any issue and will be stated only briefly. On November 21, 1962, one Rose Lee Johnson was on her way home from shopping in Watts with her two children at about 8:35 at night. After crossing the street at Grape and 102d she noticed two men standing on the corner. As she started to pass them they moved to either side of her and one of them grabbed her purse. She dropped her packages, there was a scufflle, the purse strap broke and the two young men ran off, one of them with the purse. Rose Lee Johnson saw appellant about two weeks after the incident, on her way shopping, and again when she identified him at the police station.

Upon questioning by the police, appellant claimed that he had been with friends from 2:30 in the afternoon until 10 or 11 at night. He also offered to reimburse the victim, Rosa Lee Johnson, if that would clear up the matter, but did not admit any participation in the crime. Appellant’s mother, grandmother, two sisters and a friend of the family all testified that appellant was at home having dinner and watching television on the day and at the time in question.

The only question presented on the appeal relates to the quantum of proof used by the trial court to determine whether appellant had committed the crime. The court commented: “We start of course, with the law in Juvenile Court, that the burden of establishing the act is not the criminal burden of beyond a reasonable doubt, but by the preponderance of the evidence.” Appellant contends that this is an incorrect

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measure of proof for proving a crime, and that as used it violated appellant’s rights under the California and the United States Constitutions.