People v. Moore

HERNDON, J.

Convicted of second degree burglary, defendant Moore appeals from the judgment of conviction entered against him and a codefendant following a nonjury trial. In his brief filed herein, appellant states that he “does not contend that the evidence is insufficient to support the judgment,” but he assigns as prejudicial errors certain statements of counsel and rulings of the court made during the proceedings.

His concession regarding the sufficiency of the evidence is more than justified by the record. It would be difficult to envision a case in which more conclusive evidence was presented. The bookkeeper-secretary and the secretary-treasurer and general manager of the Western Pottery Company each testified that the offices of the company were locked when they left on Friday, July 13, 1962, and that although the Regal Maintenance Company and its employees were authorized to enter the premises after working hours for cleaning purposes, no persons were authorized to remove any equipment or valuable items therefrom.

When the witnesses returned to the premises on July 15, 1962, they found the offices in a shambles with drawers of cabinets and desks opened and papers strewn all over the floor and the desks. A window was found open and the screen removed. Later the screen was found on the roof of the building. A night light above the door also had been removed. Missing from the office were approximately $250 from the cash box, a check protector of a value of approximately $150 and the general manager’s personal watch of the value of approximately $25. The codefendant was identified as one of the employees of the Regal Maintenance Company.

A kiln fireman of the Western Pottery Company testified that he worked the “graveyard” shift from 11 p.m. July 14, 1962, to 7 a.m. July 15, 1962. He saw a station wagon which he identified as that of the codefendant arrive and park near the office. He also observed it leave and noted that it was occupied by two men. He noted that the night light, which

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was burning prior to their arrival, was off after they left.

A police officer of the City of South Gate testified that he had interrogated both defendants and that both freely and voluntarily admitted that on an earlier occasion they had discussed the idea of taking the money from the company and arranging the premises to look like the work of a burglar, and that the window screen and light had been removed for this purpose. They took the check protector to add further to the impression which they sought to create and immediately destroyed it. They divided the money between them; the watch was returned by appellant who recovered it from a dresser drawer at his residence.