People v. McGowan

PLUMMER, J.

The defendant was convicted of the crime of burglary upon two counts contained in an information filed against him by the district attorney of Del Norte County. The information contains four counts. The defendant was acquitted on counts 1 and 3, and convicted on counts 2 and 4. From the judgment of conviction based upon counts 2 and 4, and the order denying his motion for a new trial, the defendant appeals. Count 2 is in the following words and figures, to wit:

“The District Attorney of the said County of Del Norte, State of California, hereby accuses Lyle Clyde McGowan of a felony, to wit, burglary, in that on or about the 24th day of July, 1931, at Pistol River Bridge, Curry County, State of Oregon, he wilfully, unlawfully and feloniously entered a certain building known as the Oregon State Highway Commissioner Tool Shed, with the intent then and there in him, said Lyle Clyde McGowan, to commit petit theft therein, and that said Lyle Clyde McGowan did then and there bring and transport into the County of Del Norte, State of California, the personal property of said Oregon State Highway Commission, which he, said defendant, had then and there stolen by means of said burglary, to wit:

[41]

15 gallons of Puller’s Imperial Graphite paint; four lengths of rope; 2 cans Japan Drier; 4 long-handled wire brushes; 1 hack saw; 2 carborundum stones; 1 can spirits of turpentine; one pair of overalls, and one can Puller’s Imperial Graphite; all of which is contrary to the form, force and effect of the statute in such cases made and provided, and against the peace and dignity of the People of the State of California.”

Count 4 of the information charges the commission of a burglary by the defendant on or about the same date, and at Wedderburn, in Curry County, state of Oregon, in that he entered a building known as the Mercer-Praser Company Tool Shed, to commit petty larceny, and that he did then and there steal a chest of tools belonging to one Arthur TTanseth, and thereafter transported the same into the county of Del Norte.

The defendant’s appeal is based upon the sole ground that in so far as the offense of burglary is concerned, it was a completed offense in the state of Oregon, and that over such an offense the courts of California have no jurisdiction; that while asportation of the stolen goods into the county of Del N'orte would, with each removal or movement of goods, constitute larceny, on the theory that every asportation thereof constitutes offense of larceny, it is, so far as the jurisdiction of the courts of this state may be concerned, a distinct and separate offense from the crime of burglary wholly committed in the state of Oregon.