People v. Wohnon

WOOD (Parker), J. Defendant was convicted of burglary in the second degree. He admitted that he had been convicted previously of burglary, a felony, and that he had served a term therefor in the penitentiary. He appeals from the judg[784]ment and the order denying his motion for a new trial. The record does not show that he moved for a new trial, but it will be assumed that such motion was made.

Defendant’s contention that the evidence was insufficient to sustain the judgment cannot be upheld. The evidence shows as follows: The place of business of Willumsen Tire Company was locked and the skylight was closed about 5:45 p. m. on February 1, 1943. The next morning the skylight was open and a steel rolling door at the back of the building, which could not be raised from the outside by the chain gear, was open about four feet. A pencil which had been left in the pocket of an employee’s shirt, and a pocket knife which had been left on a workbench, were missing. A pencil and knife found on the defendant when he was searched by police officers were like those which had been taken from the building. An identification badge, issued to defendant as an employee of the Alloy Steel and Metals Company, was found on the morning of February 2, 1943, in the alley about five feet from the steel rolling door.

An employee of the tire company, George S. Wissmann, whose testimony given at the preliminary hearing was read at the trial, testified that the pencil shown to him [while he was a witness and which was taken from the defendant] was his pencil and the one he had left in the building in the pocket of his shirt on February 1, 1943; and that he had not given defendant permission to take the pencil.

Another employee of the tire company testified that the knife shown to him [while he was a witness and which was taken from the defendant] was his knife and the one he had left in the building on a workbench on February 1, 1943, and that he (witness) had carried the knife, chalk, and tire caps in his pocket.

A police officer, who was a forensic chemist, testified that the chalk on the knife was the same kind of chalk as that found in the pocket of the witness whose knife was missing after the burglary; that certain chalk, submitted to him for inspection by counsel for defendant on cross-examination [which chalk was taken from the place where defendant had been employed], was not the same kind of chalk as that found on the knife.