People v. Randolph

ARCHBALD, J.,

pro

tem.

Appellant was accused by the district attorney of Los Angeles County, in an information consisting of two counts, of burglary. The first count alleged that appellant entered the office of Dr. H. B. Griffin, located at 5107 Hollywood Boulevard, with intent to commit theft. The count also charged three prior convictions. The second count contained a similar allegation on the same day, in entering the offices of Dr. Donald W. Wilkins, located at 4471 Sunset Boulevard. By another information appellant was charged with a violation of the state Narcotic and Drug

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Act, on the same day, in having in his possession a preparation of morphine containing more than one-fourth grain of morphine to the avoirdupois ounce, in violation of said act. This information also alleged three prior convictions. A jury was waived and the two cases consolidated for trial before the court. The court found defendant guilty on all counts of both informations. Prom the judgment of conviction and the order denying his motion for a new trial defendant appealed.

Both doctors are dentists. The office of Dr. Griffin is located in a building at the northwest corner of Normandie and Hollywood Boulevard in Los Angeles. On January 8, 1933, at about 7 P. M. one Joe Meyer, who was standing on the southwest corner of said street, opposite said building, had his attention directed to the offices of Dr. Griffin, across the street, by “the flashlight I seen running up and down the wall”. Accompanied by Eugene Earner and Ed Pugh, the janitor of the building, they went to Dr. Griffin’s office, opened the door, walked in and turned on the lights. Just as they did this appellant came out of the dentist’s laboratory. • Appellant said he wished to see the doctor, as he had a toothache. The doctor was called and treated the tooth. Appellant was asked by Meyer what he was doing with the flashlight, to which he replied that “he used it in his car”. Two officers came and questioned appellant. Officer Workman asked him “if he did not think it was an unusual hour to be ‘in a dentist’s office, that time of the night, Sunday evening, when there was no one there’, and he said, ‘Well,’ he thought ‘maybe it did look rather unusual, but he had a toothache and wanted to see a dentist to have his tooth treated’.” Nothing was missing from the office, but after appellant left with the officers, Doctor Griffin found that gold that was “in several different places” in his laboratory “had been disturbed”, and “part of it had been piled together in one little box”.