People v. Bisbines

[240]

PARKER, J.,

pro tem.

Defendant was convicted of the crime of burglary and the degree thereof found to be second. From the judgment following he appeals.

The case was tried without a jury, defendant and the People having waived a jury trial. The only point raised is as to the sufficiency of the evidence.

The place burglarized was a candy store and the property stolen consisted entirely of cash. The candy store was a going concern, though closed after 10 o’clock at night. The store was in charge of a young lady. She had taken the store money and hid it away on the night of Friday, February 12th, before closing. The hiding place was some boxes placed under or near the shelving or counters. .On opening the store the next morning it was discovered that the money was stolen. There was sufficient evidence to indicate that whoever stole the money had knowledge of the hiding place, for the reason that there was no apparent disturbing of anything else in the store and no evidence of any disarrangement of goods or fixtures, as would indicate a random search.

The store was located next to a moving picture theater. There was evidence indicating that a view of the inside of the store could not be had directly from the street on account of the location of showcases, etc. Meaning by this, that a person standing on the outside in the street could not observe the movement of the clerk at closing time or watch her hide the money. However, it was shown that such a view could be obtained from certain positions on the theater premises, next door. As stated, the burglary took place between 10 o’clock P. M. of February 12th and 7:30 A. M. of February 13th, in the year 1932. The defendant had been employed in the theater for a period of some seven months prior to February 9th, on which date he ceased his employment. Without further noting this fact it will be understood that all of the times mentioned are in the year 1932. This day, February 9th, was a Tuesday. On Wednesday night after the theater is closed it is customary for the employees to change the display on the outside. This occupation usually takes three or four hours. Here it might be mentioned that defendant has a brother who was also employed at the theater and who remained after defendant quit. On Wednesday night the defendant attended a party