People v. Cronevitch

HOUSER, J.

Defendant appeals from a judgment of conviction on each of three several' charges of burglary against him, and from an order of the trial court denying his motion for a new trial thereon.

It is first urged by appellant that the evidence was insufficient to support the verdict. The case against defendant was the burglarizing of rooms in certain hotels in the city of Los Angeles. Among other things, it was shown in evidence that the stolen property, consisting of money and jewelry, was taken without the consent of either of the several owners thereof; that at the time each of the burglaries was committed defendant was registered as a guest at the particular hotel from a room of which the property was stolen; that when defendant was arrested, among other things, the following articles were found in his possession, to wit: three files and a small pinch-bar, besides two talcum powder cans, each having a false bottom

[648]

and containing some of the stolen property and the complete parts of seventeen detachable skeleton keys. Defendant stated that the stolen property in' his possession had been taken from the designated rooms in the hotels which had been burglarized. He also gave the location of other of the stolen articles. In addition thereto, with regard to a certain conversation had between him and defendant, a police officer testified in part as follows:

“I asked him at what time of the day or night did he enter the room of the Biltmore Hotel or the Eosslyn Hotel. He said that all the rooms were entered between two and four o’clock, as people were sound asleep at that time.”

Appellant contends that such evidence merely shows possession of stolen property, and that it is insufficient to support a verdict of guilty of the crime of burglary. It will be noted that the evidence against defendant includes the following circumstances which tend toward the conclusion of his guilt, namely, his presence in the hotel at the time the burglary was committed; the possession by him of tools and appliances well calculated to enable him to commit the crime; his personal possession of a part of the stolen property and its concealment, together with skeleton keys, underneath a false bottom in a talcum powder can; his knowledge of the location of other articles of the stolen property; together with an admission by defendant as to the hours between which the several burglaries were committed. While it is possible that even in such circumstances defendant might be innocent, it is clear that the evidence was sufficient to leave no reasonable doubt of his guilt.