People v. McClain

HOUSER, J.

Defendant appeals to this court from a judgment of conviction of each of the crimes of burglary and receiving stolen property, as well as from an order by which his motion for a new trial was denied.

As to the charge of burglary, it is not contended that the

corpus delicti

was not established; but appellant urges that the evidence was “insufficient to sustain the verdict” that he was guilty of having committed the offense.

Aside from such testimony as appeared to favor the innocence of defendant, the incriminatory evidence against him included the facts that within a few days after the burglary was committed a part of the stolen goods was found in an automobile which was his property, and that on two or three occasions, when requested by police officers to explain such possession, defendant refused to do so. However, on one occasion defendant stated to an officer, “I know that stuff is hot. and I’ll admit I took a little of it, but the rest of it is all a pack of lies.” Later, when asked by an officer whether a certain named individual had accompanied him at the time the burglary was committed, defendant replied, “No—that he always worked alone.” Furthermore, the evidence shows that in a conversation which took place in the presence of three police officers,

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defendant and two other persons who at that time were under arrest charged with the commission of the crime of which defendant stands convicted, certain statements in their nature accusatory of defendant were made; none of which was either denied or apparently resented by defendant. A part of such conversation between one of the police officers and one of the accused was as follows:

“Q. Where did you get that bronze jewel box with the amethyst stones? A. I saw that the first time in Clarence McClain’s (defendant’s) possession. Q. And the silver, where did you first see that ? A. It was there in the house next door to 4449 Turquoise street when I first saw it. Q. Do you know who brought it there? A. No, I don’t. Q. Who claimed ownership of it? A. I understand that Clarence (defendant) and his family claimed it. Clarence said it was his.”