People v. Beauregard

WOOD (Parker), J. In Count I of an information, defendant Beauregard and one Hutson were charged with burglary of a shop owned by Mr. Westfall; and in Count II they were charged with burglary of a shop owned by Mr. Jenkins. It was also alleged therein that each defendant had been previously convicted of a felony. Trial by jury was waived. Beauregard was found guilty on Count II, and not guilty on Count I. Hutson was found guilty on both counts. The allegations as to a prior conviction of each defendant were found to be true. Beauregard appeals from the judgment as to Count II.

Appellant contends that the evidence was insufficient to support the judgment.

During the night of January 30, 1955, the building in which Mr. Westfall conducted his búsiness as a general contractor was burglarized, and various articles, including two sanders, a drill, outboard motor, checkwriter, and checks, [354]were stolen therefrom. The next morning Mr. Westfall observed a hole in the back wall.

Also, during the night of January 30, 1955, the building in which Mr. Jenkins conducted his business as a tire dealer was burglarized, and 18 to 22 new tires, a Masonic ring, blank checks, and $150 in bills and silver were stolen therefrom. The next morning Mr. Jenkins observed that there was a hole in the wall.

The two buildings referred to were adjoining buildings, and the wall in which there was a hole was the adjoining wall or wall between the two places of business.

About 1 a. m. on January 31, 1955, two police officers “stopped” an automobile which “coasted through the [boulevard] stop sign” at a public highway intersection. Three persons were in the front seat of the automobile—Hutson was driving, and Beauregard was in the middle, and “a juvenile” was on the right side. Officer Lewis, upon noticing a group of tires in the back seat of the automobile, asked Hutson what kind of tires they were. That officer testified that Beauregard answered the question, stating “I have B. F. Goodrich tires there. ’ ’ The tires were Kelly-Springfield tires. The officers also found a double grinder in the area where the tires were; and in the trunk of the automobile there were other articles, including two sanders, drills, and an outboard motor.

Officer Lewis testified further that, in answer to questions, Beauregard said that he bought the tires from Jack Bale Tire Service, that he had not paid any money to Bale but there was an understanding that he would pay later by working for Bale,- in a subsequent conversation at the police station, Beauregard also said that he got the tires from Bale; later, in that conversation, Beauregard said that he bought the tires from Bale’s wife; in another conversation at the station he said he had “entered the business establishment at 4400 Firestone [Jenkins’ place]” and had taken a number of tires—approximately 12—placed them on the roof of the building, then lowered them to the ground, placed them in the car and drove away.