People v. Northum

WOOD (Fred B.), J. Defendants Ralph R. Northum and Lawrence Coburn have appealed from a judgment rendered upon conviction of two counts of burglary, first degree, and from an order denying their motion for a new trial.

Questions: Did the trial court commit prejudicial error in failing, even though not requested, to give instructions (1) that the evidence of the extrajudicial oral admissions of a party ought to be viewed with caution, and (2) that the extrajudicial oral admissions of Coburn outside the presence of Northum could not be considered as evidence against Northum?

Two homes in the vicinity of San Jose, California, were broken into during the absence of the occupants: that of John Gasner between 6 p. m. on December 31, 1951, and 9 a. m. of the next day; that of Ugo Orsi between 2 p. m. of December 31st, and 11:45 p. m. the next day. Various articles were taken from each home.

The defendants were apprehended in Los Angeles, January 2, 1952, as Northum was entering a pawnshop carrying a fur coat.

That coat, also papers, a safe deposit key, a watch, bankbooks, clothing, jewelry and a jewelry box, Mrs. Orsi identified as items taken from her home. Defendants also had in their possession a pistol, shells, and two watches which Mr. Gasner identified as taken from his home.

Both defendants testified that they purchased all of this property in Oakland on New Year’s morning, from a stranger, for $25, and that they drove to Los Angeles on the inland route via Tracy, Manteca and Bakersfield, and were not in the vicinity of San Jose between the hours of 2 p. m. of December 31st and 11:30 p. m. of January 1st. •

The only evidence, other than their possession of the stolen property, which tended to connect the defendants with the commission of either crime consisted of extrajudicial oral statements made by them to the police.

[608]Police officers testified that Northum, when asked whose fur coat it was as he came out of the pawnshop, said “my wife’s” and that the other clothing in his car belonged to him and his wife; that later he said he never heard of a fur coat, and still later, that he had purchased all of the articles above mentioned, except the gun and the coat, from a fellow in a bar in Oakland, about a week or ten days before January 2d; that upon another occasion Northum and Coburn said that Coburn bought the gun in Oakland for $25 about December 14, 1951; and that on January 4th, Northum said he had purchased all of the property from someone he did not know, all of the articles being together in a large bag. One of the police officers testified that on January 4th Coburn stated to him, with no one else present, that Coburn and Northum met in Oakland on New Year’s Eve and decided to go to Los Angeles in Northum’s car; that they stopped at several places on the way, he was not sure where the places were; at one place they had a beer and then went to a secluded district, kicked in a door at a house, went in a window and gathered up some clothing, the clothing they were arrested with; that this was in the nighttime; that he did not know anything about a gun; that if there were a gun involved it must belong to Northum. A day or two later Coburn told this officer that he believed they (Coburn and Northum) came through San Jose, as well as he could remember, but did not state definitely that they came that way.