People v. Lyle

GOODELL, J.

Appellant was convicted by a jury of second degree burglary. This appeal was taken from the judgment and from an order denying a new trial. Appellant admitted the two prior convictions alleged in the information, one in 1932 of robbery in the State of Kentucky and another in 1940 of “breaking and entering” in the State of Iowa, with time served on each. At the . trial appellant was represented by the public defender but on this appeal he presents his own case.

Some time between 6:10 p. m. on Friday, March 12th, 1948, and 7:50 a. m. on the 13th, a leather goods store on 7th Street in Oakland was entered through a skylight, and a desk and safe were broken into. About $15 was taken from the desk; the safe contained only papers and records. The safe was overturned and broken open through the bottom thereof; the dial of the combination lock was missing. The floor was covered with fire clay dust and particles which had been chipped away in breaking into the safe, and papers taken from it were strewn around.

Police investigators arrived promptly and isolated for minute examination the area involved. They photographed the office and the safe. Their examination disclosed on the papers scattered on the floor clearly defined “foot prints” of “Biltrite” rubber heels. Samples of the fire clay insulation were taken for examination and comparison. The locking mechanism of the safe bore marks of a cutting instrument. Inside the safe a small piece of blue cloth was found. Wood bearing

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chisel marks was taken from the rear door of the premises, by which the burglar apparently attempted to leave.

When appellant was arrested a few hours after the crime he wore overalls and a blue sport shirt, and carried a change of clothing. The overalls revealed a substantial amount of fire clay identical with the samples removed from the safe and found around it.

A pair of appellant’s shoes which had been taken to a near-by bootblack on the morning of the 13th was recovered, identified, and found to have “Biltrite" rubber heels, the impression from which exactly fitted the heel prints on the papers strewn on the floor.

The fragment of torn blue cloth found in the safe not only matched the shirt which appellant wore when arrested but fitted a tear in appellant’s shirt just above its right cuff. A stain on the fragment of cloth corresponded with one on the torn area of the shirt worn by appellant.