People v. Gray

WOOD (Parker), J. Defendant was charged, in two counts, with burglary. In a trial by jury he was found guilty, as to both counts, of burglary in the second degree. Defendant appeals from the judgment and from the order denying his motion for a new trial.

Appellant contends that the evidence is insufficient to support the verdict.

On the morning of June 18, 1953, Mr. Patton discovered that two boxes of tools had been removed from the garage at his residence at 2628 West 157th Street in Gardena. On the same morning, Mr. Barton discovered that all of his tools, a tool box and a jig saw had been removed from the garage at his residence at 2528 West 157th Street in Gardena. Mr. Patton testified that he had not been in his garage for three days prior to said June 18, but at that time the doors of the garage were closed; on the morning of June 18, one of the doors was partly open. Mr. Barton testified that he used his tools on the evening of June 17, 1953; when he left the garage the overhead door facing the alley was bolted from the inside, and he closed the door facing the yard but did not lock it; when he went to the garage about 7 a. m. on June 18, the overhead door was open. About 6 a. m. on June 18, 1953, a police officer saw an unoccupied Pontiac automobile, with its motor running, parked in the alley in front of the open overhead door of Mr. Barton’s garage. There was no license plate on the front of the automobile and the rear license plate was covered with a rag. The tools, tool boxes and jig saw which had been taken from the garages of Mr. Patton and Mr. Barton were in the automobile. Also a pair of men’s shoes was in the automobile. The automobile and the shoes belonged to defendant.

[690]Another police officer, called as a witness by the People, testified that about 6 a. m. on said June 18 he went to the vicinity of the 2600 block on West 157th Street in answer to a call. When he arrived he observed the Pontiac automobile parked in the alley in the rear of 2528 West 157th Street. He saw defendant running along the side of the house Avhich was next to 2528 West 157th Street. He (officer) said that he was a police officer, and he told the defendant to halt or he would shoot. Defendant then ran faster, “dove over” a gate into the front yard and disappeared. At the time he told defendant to halt, defendant was about 50 feet away and was looking directly at the officer. Defendant had a mustache and was wearing a maroon shirt, light brown pants, and blue socks but no shoes. About 20 minutes later, while he (officer) was cruising in the vicinity, he saw defendant between two houses in the 2500 block on West 155th Street. About 10 minutes after that the officer saw defendant as he (defendant) was coming out of the alley between 156th and 157th Streets. Defendant ran into the alley on the opposite side of the street and went over a fence. The officer saw defendant again about 6:45 a. m. on 156th Street at which time defendant disappeared between two houses. At one place the officer, who was in a police car, was approximately 35 feet behind defendant. The officer saw defendant that afternoon at the sheriff’s office.