People v. Cloninger

[87]

VAN DYKE, P. J.

Appellant appeals from, a judgment following a verdict by a jury finding him guilty of attempted burglary in the first degree and from an order denying a new trial. The information charged that he committed that offense in that “on or about the 18tli day of January 1958, . . . he did wilfully attempt to enter the building, to wit: an eight by ten foot building located on the David Peebles property . . . with the intent then and there to commit theft.” By this appeal the appellant challenges the sufficiency of the evidence to sustain the verdict and judgment. Thé record shows the following: Appellant had worked as a handyman on the Peebles ranch during 1956. There is a building on the ranch known as the gun room, which contains guns, scabbards, fishing equipment, a reloading outfit, shells, cartridges and other property. The equipment in the gun room is worth thousands of dollars and the building is usually kept locked. Appellant had no permission to enter it, and at the time of the incident here under review had been discharged from his employment. On January 6, 1958, the appellant met one Calvin Hudson in Sacramento and sought to interest him in stealing property from the ranch. • He told Hudson that besides the guns and such related articles, there was a safe on the ranch with fifty or sixty thousand dollars in it. He said he wanted Hudson to stand watch and that he, appellant, would make Peebles open the safe; that if he refused to open it he would mutilate him; that he would stick him in the leg about an inch and a half to let Peebles know he “meant business.” Hudson reported the conversation to police officers and they told him to go along Avith appellant’s proposals. On two separate occasions the two men drove to the ranch, but did not attempt the burglary. On a third occasion they stopped the car on the ranch, appellant changed his clothes and put on gloves, and said “let’s go,” adding, “I’m going to go for broke.” As appellant approached the gun room he was carrying a hatchet and had an open knife in his pocket. On his way out to the ranch he told Hudson that if he found Mr. and Mrs. Peebles in bed he was going to tie them up and was then going to “use” Mrs. Peebles. Two officers were in the gun room as appellant approached. They saw him come up to the door carrying the hatchet. From inside the officers heard a sound like metal striking on metal, which one of them described as resembling a hatchet hitting the lock. Appellant stepped back from the door, turned the