People v. Redman

JAMES, J.

This appeal is taken from a judgment of imprisonment and from an order denying a motion for new trial.

Appellant was convicted of the crime of burglary, the information alleging that on the twenty-second day of April, 1918, in the county of Orange, state of California, he did, “willfully, unlawfully, feloniously, and burglariously enter the outbuilding, to wit, the garage of M. G. Mastieh, located on the San Joaquin ranch, near the San Joaquin Fruit Company, in said county and state, with felonious intent to commit the crime of larceny. ’ ’ The witness Katie Mastieh testified that she lived on what was called the “Irvine ranch— just the place above the San Joaquin Fruit ranch”; that she saw the defendant there on the twenty-second day of April, 1918; that there were on the premises a house, garage, and other outhouses; that on the morning in question she heard an automobile drive up, and that the defendant came to the door of the house and knocked and that she made no response; that he then went over to the garage and finally went back to the automobile, in Avhieh there was another man, and that the two went away; that pretty soon they came back and that defendant again knocked at the door, and the Avitness having made no response, the two men drove away again a short distance and then came back and stopped near by, Avhere they remained talking for a time; that defendant then came to the door of the garage, accompanied by the other man, and that the Avitness heard the noise of the breaking of the garage door; that she secured a small rifle which was kept in the house and walked out to where the men were, and found defendant just in the act of putting a sack of beans, which he had taken from the garage, into the automobile; that the defendant exclaimed upon seeing the Avitness Avith the gun, “My God, lady, don’t shoot! I will put them all back”; that he did put the beans back and then proceeded to beg the Avitness to allow him to go free, stating that he had

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been in the hospital, out of work, and had a mother to support; that meanwhile the second man had disappeared; that the witness made note of the number of the automobile and allowed the defendant to leave the place at that time. He was later arrested. She was asked as to whether defendant said anything about “the other fellow,” and replied: “He said it was the other fellow’s fault; the other fellow showed him where the beans were and how easy it was to get them. ’ ’