People v. Hobson

EDMONDS, J., pro tem. The defendant was convicted by a jury of the crime of burglary and appeals from the judgment and from the order denying his motion for a new trial. His principal point on appeal is that the evidence is insufficient to sustain the verdict.

The information charged the defendant and also Lester Hobson, Peter D. Bout and John H. Wright with the burglary of a store from which seventy rugs were taken. The defendant Wright pleaded guilty to the charge, and the defendant Hobson made a confession to the police and also admitted the charge in his testimony at the trial. The district attorney dismissed the information against the defendant Bout and thereafter called him as a witness for the People.

The testimony of Bout was that he saw Guihan and Hob-son .talking with Wright the night the rugs were stolen; that he did not hear the conversation and that the three left in about fifteen minutes; that he did not go into the rug store but that some rugs were brought to Wright’s car parked near the place and in which he was seated, and that he and Wright drove away with them. He further testified that he, in company with Wright, met Hobson and Guihan four or five days later. At that time, according to his testimony, either Guihan or Hobson said, when all four were present, “that they didn’t have much trouble getting in, by taking a rock, throwing it on the glass, reaching inside with their arms and opening the door”, and “that they had someone out selling the rugs already, they were expecting the money from it”.

Except for Bout’s testimony there is no evidence connecting appellant with the crime except the testimony of two police officers relating statements alleged to have been made to them by appellant after he was arrested. According to one officer, when appellant was asked about the crime “he said he would help us recover the rest of the rugs; we told "him we had recovered about twenty rugs up to that time, and we told him there was about fifty out standing, something like that; he said he would help us recover the-but he wanted [394]to talle to his attorney first before he made any statement”. The officer did not testify to what he said to appellant at the time this statement was made. Another officer testified that when appellant was in jail he had a conversation with him. 111 called him down, took him in the little side room and said to him, ‘Well, Bill, what are you in here for now?’ and he says, ‘Well, it is just a dumb beef’; I says, ‘Well, I will tell you, this man wants his rugs back, and you know me and I know you; let’s get his rugs back to him'; and he said he wouldn’t make any statement of any kind until he talked with his attorney; ...” These statements, the appellant insists, are not sufficient corroboration of the testimony of Bout to sustain the verdict.