People v. Wester

BARNARD, P. J. The defendant was charged with burglary on two counts, and with two prior convictions. A jury found him guilty of second degree burglary on both counts and he was sentenced to prison, the two sentences to run concurrently. He appeals from the judgment and from an order denying his motion for a new trial.

On the morning of May 4, 1951, the owner of a hardware store in Fallbrook found that the store had been broken into during the night. A hasp fastening a sliding door at the rear had been broken and the safe had been opened with force. Seven revolvers had been taken, and about $1,000 in money had been taken from the safe. On the morning of May 8, the owner of a butane plant in Fallbrook found that the building had been entered by forcing the latch on a window. He had a collection of 21 rifles and shotguns, and these were missing.

One Baldwin, who was 17 years old, had been staying with the defendant in his room in Fallbrook for some two weeks before these incidents occurred. About 4 a. m. on May 8, a police officer found Baldwin asleep in the defendant’s pickup truck in a gasoline station in Tijuana. There were two guns on the front seat of the ear. Baldwin was arrested and taken to the police station and an officer remained to watch the car. A few minutes later the defendant came to the car and got in. The officer arrested him and took him and the car to the police station. Fourteen rifles, three shotguns and a revolver were found in the car, all of which were identified as having been taken from the two places in Fallbrook.

Baldwin at first told the Tijuana police that he alone had broken into the butane plant and brought the guns to Tijuana. He later said that this was not true, and that the defendant had told him to take the blame. In his testimony at the [652]trial he told in detail how he and the defendant had entered the hardware store, about the opening of the safe and the taking of the money and revolvers, where the money was divided and that the defendant gave him $275; that they then went to Tijuana and what they did the next few days, including a trip to Ensenada; and that they returned to Fall-brook on the night of February 7. He then told of the breaking into the butane plant and the taking of the guns; that they returned to Tijuana and parked the truck; that the defendant left for the purpose of trying to sell the guns ; that two persons came to the truck saying they understood that some guns were for sale; and that he then fell asleep.