People v. Selby

FOURT, J. This is an appeal by the defendant Ennis “ ‘on all statutes taken from the judgment of the Superior Court in and for The County of Los Angeles Department 43, the Honorable Judge Ambrose, Presiding taken from the sentence imposed this day of July 19, 1955. ’

“Appellant deposes and says that he is a pauper, without funds and wishes to be excluded from the cost of the above said transcripts and any legal data pertaining to this ease.”

Present counsel for the defendant was appointed by this court.

An information was filed May 24, 1955, in the Superior Court of the State of California charging appellant, Patrick William Ennis, and his codefendant, Carl Selby, with two counts of burglary in violation of section 459 of the Penal Code, and in count 3 with grand theft in violation of section 487, subdivision 1, Penal Code, a felony. As to appellant, the information also charged four prior felony convictions.

• Appellant entered a plea of not guilty and denied the prior convictions alleged in the information. On June 22,1955, trial was had, and at such time it was stipulated between the parties that the People’s case in chief might be entered upon testimony and evidence as submitted at the preliminary hearing, all stipulations entered into by the parties at the time of the preliminary hearing to be deemed entered into for the purpose of the trial, and each party reserving the right to offer additional testimony. Appellant and his codefendant, with counsel present, were found guilty as to counts 2 and 3. Appellant then admitted the four prior convictions as alleged. Count 1 was dismissed. A probation officer’s report was ordered and filed and the appellant was sentenced to the state prison for the term prescribed by law, the sentences to run concurrently.

A substantial résumé of the facts is as follows: On May 2, 1955, a window was discovered broken at the warehouse of Howard F. Ward, Incorporated. At the same time, it was noticed that a stack of tires located near the broken window was greatly diminished. On May 4, 1955, Howard K. Ward, an owner of Howard F. Ward, Incorporated, went to the address of Don McCready, where he identified a quantity of [485]tires and wheels as being the property of Howard F. Ward, Incorporated. These tires were identified by the name of the particular Eastern manufacturer and by means of government chalk marks on the wheels.