People v. Williams

VALLÉE, J. By information defendants-appellants Rose Skipper and Henry Thomas, together with Louise Williams and Evelyn Moore, were charged with burglary in that on February 22,1956, they entered the store of Joe’s Food Town with intent to commit theft therein. In a trial by the court without a jury each defendant was found guilty. Skipper was sentenced to California Institution for Women. She appeals from the judgment and the order denying her motion for a new trial. Thomas was granted probation. He appeals from the order denying his motion for a new trial. The contentions are that the corpus delicti was not established and the evidence is insufficient to sustain the findings of guilt.

About 8 a. m. on February 22, 1956 Henry Young, the owner of a grocery store in Huntington Park, observed [718]Skipper, Williams, and Moore in Ms store. The women walked aronnd about 15 minutes and left without making a purchase. About 9 :30 a. m. an employee of Lloyd’s Market in Huntington Park observed the three women enter the market. On February 22 M. Sakamoto operated a grocery store on East First Street in Los Angeles from which articles were later found in defendants’ possession.

Joe’s Food Town was a store on Brooklyn Avenue in Los Angeles. About 11 a. m. on February 22 Notrica, an employee, saw all four defendants in the store. Thomas purchased one pear then went out and stood in front of the store. Williams and one of the other women walked out of the store through the grocery and produce departments. Notrica testified he believed Skipper was the woman with Williams and that the other woman, Moore, was sitting at the store’s hot dog stand.

As Notrica stood watching the two women walk out of the store, Williams dropped a can of coffee to the floor. She picked it up immediately. Notrica waited for her to put it back into a bag but she did not do so. Instead'she walked out to an automobile parked directly in front of the store at a fireplug. Notrica hurriedly checked to see whether Williams had paid for the coffee, then ran to the automobile and opened the rear door. All four defendants were in the automobile. Thomas was in the driver’s seat. The floor of the automobile was covered with cans of coffee, canned ham, juice, and jars of mayonnaise. Notrica accused Williams of having taken the coffee without paying for it. He picked up the can from the seat of the automobile and Williams stepped out. Thomas drove away and Notrica obtained the license number. The police were then called. Before they arrived Williams departed. In addition to the can of coffee, a can of Hafnia ham was missing from the store.