People v. LaMarr

WOOD (Parker), J. Defendants were charged with the crime of burglary. Each pleaded not guilty and admitted the allegations that he had been convicted twice previously of having committed a felony and that he had served terms in the state prison. Trial by jury was waived. They were adjudged guilty of burglary of the second degree. Defendants appeal from the judgments and the order denying their motions for a new trial.

Appellants claim that the evidence was insufficient to justify the judgments, in that (1) there was no proof of entry, (2) assuming there was entry, it was permissive, and (3) there was no showing that the victim of the alleged burglary was the owner or entitled to possession of the house. This contention is not sustained in any particular.

It is undisputed that the defendants went in a coupe automobile to a single family unlighted dwelling in Los Angeles on August 15, 1941, after dark, about 7:45 p. m., and parked the automobile in the driveway and got out of the automobile; that a three-inch cut was in the screen of the back door parallel with the door hook; that rope and canvas were in the automobile; that a “For Sale” sign was in the front yard; that nothing was found on the persons of the defendants or in their homes.

Other evidence was in substance as follows: Mrs. McDon[26]nell, the complaining witness, had resided in the dwelling until August 3, 1941, hut did not remove her furniture until August 28, 1941. Mr. McDonnell had not been at the house since July 5, 1941. Between August 3rd, the time when she left the house, and the date of the burglary she returned to the house on three occasions and found that it had been entered and things taken therefrom. On each of such occasions she locked and nailed the doors and windows. On August 14th she observed that her Bendix washing machine was in its usual place on the back porch where it was fastened to a cement slab by bolts, and that some small boys were playing on the porch. On August 16th she observed that the washing machine had been detached from the slab and was in the center of the back porch, having been moved about eight feet.

A neighbor asked the two men who were in the driveway what they were looking for, and they said they were looking for Mr. McDonnell and that they had an appointment to meet him there, and that they were after the washing machine since the instalments were in arrears. The neighbor testified that the automobile was parked at the end of the house facing the rear of the lot.