People v. Rice

KAUS, P. J.

Defendant appeals from a conviction of second degree burglary.

The only substantial point is the legality of defendant’s arrest, which arrest yielded a specimen palm print, which matched a like print discovered in the burglarized premises.

On May 18, 1966, at 4 a.m., Officer Adams was driving his police ear eastbound on Hollywood Boulevard. Near Hollywood Boulevard and Highland Avenue he saw two other police officers talking to the defendant and another person. He did not stop, but cruised by slowly. Defendant and the other person were both wearing tight capri pants and loud colored sweaters. Defendant’s hair was long, the hair of the other person was bleached blond. They appeared to Adams to be female impersonators.

When Adams made these observations he was responding to a call somewhere east of the scene. Having completed his business he returned along Hollywood Boulevard in a westerly direction. As he passed the 6500 block he saw the defendant and his companion standing on the sidewalk. No one else was near them. This was about 45 minutes after he had first observed them being interviewed by the police. He proceeded

[791]

westbound for about 5 to 10 minutes, when he received a call to the

effect

that a silent burglar alarm was being sounded at 6520 Hollywood Boulevard, about three to four stores from where he had last seen the defendant. He went to that address and saw that the display window of a wig shop had been broken. Several mannequins in the window were bald. He called the owner of the store and other police units. He stayed at the scene until somebody connected with the wig shop and the police units arrived.

George Riddell, the manager of the shop, had left it at about 7 p.m. the night before. When he returned at 10 a.m. after the burglary, he observed the broken plate glass window and noticed that several wigs were missing from the mannequins. There was ‘ ‘ glass all over ’ ’ and a brick in the window. The window was located in such a fashion next to the entrance of the store that there was no access to it from the inside of the store without a key. Six wigs and several smaller hair pieces were missing.