People v. Conerly

GRIFFIN, Acting P. J. Appellant Willie D. Ellison, together with his codefendants, Melvin Joseph Conerly and Herman Carter, were jointly charged and convicted by a jury [344]of the crime of second degree burglary, in that on December 30, 1952, they entered MeCourt’s Clothing Store in Tulare with the intent to commit theft. Appellant alone appealed from the judgment of conviction, and his sole argument is that the evidence is insufficient to support the judgment.

The record shows that about 1 p. m. on December 29th, Ellison and Conerly entered the store. Conerly inquired of the only saleslady, Mrs. Braden, the manager’s wife, about a suede coat. While showing the coats to him, appellant strolled to the back of the store near the rear door entrance. The defendants were in the store about 10 minutes and left without making a purchase. About 4 p. m. appellant went to a rooming house nearby and told the caretaker he had a wife and her lady friend who wanted a room. About an hour later Conerly and appellant returned with two women, not their wives, and signed the register. Carter stayed in appellant’s Cadillac car. About 9 p. m. the proprietor of the rooming house saw the men leave and later return, but never saw them after that time until he identified them at the trial. He did notice, at 7 o’clock the next morning, that they had gone. There was testimony that about 9 o ’clock on December 29th Conerly and Carter went into a pool hall together and about half an hour later appellant joined them, and that about 11 p. m. the three left in the Cadillac automobile. About 8:45 a. m. on December 30th, the Bradens discovered the rear door to the store was propped open, the door knobs were bent, and the rear window had been pried or jimmied, but the bars on the inside precluded entrance through this window. There were mud tracks leading to where the suede coats and clothing were located. Many trousers, overcoats, and suede coats, valued at $2,400, were missing, as well as $63 in cash taken from the till. A crowbar was found near the rear entrance to the store. Braden identified two men’s suede coats in evidence as being similar to those carried by that store. A topcoat, carrying the “Randolph” label, was identified by the Bradens. This store was the only store in Tulare carrying clothes of this label. Tags from the suede coats on which Mrs. Braden had written certain figures, were found in appellant’s room. The three defendants were arrested in Barstow and at first each denied having any knowledge of the burglary at MeCourt’s store. Later Ellison admitted he was in Tulare with Conerly but stated that he had picked up a third man, a hitch-hiker, on the road to Tulare. Ellison denied owning or knowing anything about the “Randolph” topcoat found