People v. Smith

BISHOP, J., pro tem.

Appellants, Smith and Hall, were jointly charged with having broken into two garages, stolen two automobiles and driven them without the consent of the owners. These accusations were embodied in six counts, two charging burglary, two grand theft and two alleging violations of section 146 of the California Vehicle Act. Appellant Smith was convicted on five counts, appellant Hall on three. Contrary to their contention, the evidence, we find, warranted the convictions.

Appellants’ guilt of the crimes of burglary and grand theft was established by evidence purely circumstantial. That someone entered the garage where a Studebaker was housed and stole it and a bag, a lamp and other articles, was proven. Also, there was evidence that some two weeks before, someone had entered a garage where a Buick was kept and had stolen it and an army blanket. There was no direct proof that either appellant entered either garage or stole either car. From the evidence it

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appeared, however, that appellant Hall stored a Studebaker which was identified as being the one stolen. His explanation to the garage man was that it belonged to a bootlegger friend, Adkins. When recovered it was powered by a motor other than the one originally in it. This motor came from a disabled Studebaker, purchased by Hall and hauled to a private garage rented by him under the name of Adkins. In this garage, at one time, was seen the purchased wreck with its motor removed. Here also was found the registration white slip of the stolen car. To this garage, appellant Hall drove up in a Bnick sedan, but observing an officer’s face framed in the open doors, dashed down the alley and made his escape. Smith, too, was connected with the Studebaker. At his residence were found scattered Studebaker parts. He admitted delivering a Studebaker motor to the address which Hall, as Adkins, had rented. In his possession was found a memorandum of the license number of the stolen Studebaker ear, which he said was the number of a car located at the rented place. In what amounted to a confession, he told where the personal property taken with the car could be found, and there it was found.

The Buick, which Hall drove slowly to and hurriedly from his Adkins’ location, was found at Smith’s residence when he was apprehended. Again, there had been the substitution of a motor, but otherwise its owner identified it as the car taken from his garage. Both appellants participated in the purchase of the Buick, burned beyond redemption, from which the. motor was salvaged to substitute in the stolen car. The army blanket that was on the robe rail when the car was stolen was found on Hall’s bed.