People v. Eychas

SCHOTTKY, J.

Walter John Eychas was charged by information with the crime of burglary, it being alleged that he did wilfully enter a garage building with intent to commit theft. He was also charged with two prior felony convictions. Upon being arraigned he admitted the prior convictions and pleaded not guilty to the offense charged. He was found guilty by a jury, his motion for a new trial was denied, and judgment was pronounced. He has appealed from the judgment and from the order denying his motion for a new trial.

Before discussing appellant’s contentions of error, we shall summarize the evidence as shown by the record.

Thomas B. Lahey an officer of the Police Department of the City of Anderson, located in Shasta County, began his tour of duty at 12 midnight on June 22, 1959. About 2 a. m. he observed an automobile, later identified as one belonging to Eychas, parked on Sharon Avenue about five feet from the curb. Officer Lahey made a note of the license number. He again observed the vehicle in the same spot about 2:30 a. m. and at 3 a. m. About 3:30 a. m., after Officer Lahey had been home for “lunch” and while on patrol, he noticed a red reflection ahead of his car on Stingy Lane. He soon ascertained that it was an automobile traveling without its lights turned on. Officer Lahey turned on the red light of the patrol ear and gave chase to the vehicle. He operated the siren intermittently but not too loudly. The car he was pursuing was traveling about 40 or 45 miles an hour. When the automobile being driven by appellant came to the intersection of Stingy Lane and North Street the brake lights flashed briefly but the vehicle was not brought to a complete stop at the stop sign. Appellant turned right on North Street and the vehicle finally came to a stop after he crossed a bridge. Officer Lahey stopped his car some 5 or 6 feet behind appellant’s car. He got out of the patrol ear and walked up to appellant’s car and asked

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appellant what he was doing driving on Stingy Lane without lights. Appellant answered that he had been having trouble with the lights. The officer then asked appellant if he had stopped in his car in Anderson that night. During this period the officer flashed a light in the car and saw some packages. After appellant answered that he had not stopped in Anderson, the officer checked the note in his car and ascertained that the license number of appellant’s car was the same as that of the vehicle he had seen on Sharon Avenue. The officer again asked appellant if he had stopped in Anderson, and again the appellant answered no. Officer Lahey then flashed his light in the interior of appellant’s car and noticed packages of frozen food on the floor by the front seat. The officer had appellant get out of the car, and he asked appellant where he had obtained the food and appellant replied Red Bluff. The officer examined the car and thereafter contacted headquarters for aid. Sergeant Childress of the Anderson Police Department responded and appellant was again questioned. The packages of food were examined, and appellant was then taken to the police station. Among the items found in the car were: four frozen pies; three packets of chicken; a young hen; four blue boxes containing frozen vegetables; a piece of meat and two parcels of meat; two cans of juice; and a Christmas tree stand.