People v. Moore

COUGHLIN, J.

Defendant was charged with three counts of burglary and three counts of receiving stolen property; was convicted of the former; and acquitted of the latter. The burglary counts arose out of the burglarizing of three different residences occurring, respectively, sometime between November 16 and December 1, 1963, on December 17, 1963, and between 1 a.m. on December 25, 1963, and 2 p.m. on December 26, 1963. As to two of the counts the degree of burglary was fixed as second degree and as to the other, at first degree.

There is substantial evidence that each of the subject residences was burglarized and that a part of the property stolen from each of them later was found in the residence of a person named Mrs. Velma Hunter, who, as a codefendant, was charged with the three counts of burglary and three counts of receiving stolen property, and was convicted on all counts. The only issue as to the defendant is whether he was a participant in the burglaries.

On January 24, 1964, two deputy sheriffs, while conducting a search of Mrs. Hunter’s residence in regard to a domestic relations matter, observed the presence therein of some property reported stolen from the three residences which were the subject of the burglaries. On this occasion the officers noted defendant come from a bedroom dressed only in his trousers. One of them asked Mrs. Hunter if he might look about her house for evidence that a particular man had been living with her, and when she consented looked for articles of men’s clothing and shaving gear. Apparently defendant had overheard this conversation, and when the officer started upstairs defendant shouted after him that “they” were looking for more than they said they were. When Mrs. Hunter told the officers that a cigarette lighter, one of the stolen

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items, had been given to her by her cousin, “Sonny” Towns, the defendant interjected that he had given it to her and, upon interrogation, explained that he had received it from a friend whose name he did not know. Thereafter the officers obtained a search warrant and seized the stolen property.

At the trial Mrs. Hunter testified that the stolen property had been purchased from or given to her by her cousin “Sonny.” The defendant did not testify.