People v. Rader

DORAN, J. Appellants, together with Leo Earl Rader, were charged by information with conspiracy to violate sections 211 and 459 of the Penal Code; Counts II and III with the crime of robbery, and Count IV with the crime of armed burglary. Each pleaded not guilty and denied being armed. Earl Rader and William Trussell admitted alleged prior convictions. The jury adjudged appellants guilty of violating section 459 as charged in Count IV. The allegation of being armed was found true. The offense was found to be first degree burglary and the prior conviction against Rader was found true. Neither defendant testified.

As recited in appellants’ brief, “At approximately 2:40 A.M. of June 25, 1955, one Charles Severs, a deputy sheriff of Los Angeles County with the assistance of one deputy Stone of Los Angeles County, was making a routine check in the vicinity of 214th and Norwalk Boulevard in Artesia, Los Angeles County. On the southwest corner of the aforementioned intersection, the F & W Market is located. The testimony was given in approximately 10 court days, among which there was as follows:

“Severs testified that he heard the burglar alarm ringing, Stone and he covered the building, Stone going to the front, Severs to the rear of the building. Severs climbed to the roof, found a hole in the roof and some tools lying nearby; he called to Stone to radio for assistance. Severs took a position at the .rear of the market and Stone took position in the front of the market. Severs testified that a large sliding type door moved and Edward Rader stepped out. At Severs’ request Edward Rader raised his hands and Severs saw a gun fall from his belt onto the ground. Severs asked if anyone was with him and Edward Rader looked over his shoulder and made some remark, ‘Come on out,’ whereupon Edward Rader stepped to the ground and Trussell followed.

“At approximately 2:45 A.M., on June 25, 1955, Paul McCracken, a deputy sheriff of Los Angeles County and a fellow officer named Bibee, responded to a radio order to and transported them to the Norwalk Station. McCracken testified they took two prisoners into custody (the appellants) and transported them to the Norwalk Station. McCracken [62]testified that the conversation with Trnssell related- to ‘another crime.’ McCracken testified that the conversation with Rader was as follows:

“ ‘I asked what they were doing in the market and Rader answered, he said they were after the safe and he said if they had known what type of safe it was they wouldn’t have gone in.’