People v. Norman

WOOD (Fred B.), J. Convicted of burglary, defendant assigns insufficiency of the evidence, claiming that the testimony of James Brooks was inherently incredible.

“The test on appeal is whether there is substantial evidence to support the conclusion of the trier of fact. It is not whether guilt is established beyond a reasonable doubt. . . . “ it must be made clearly to appear that upon no hypothesis whatever is there sufficient substantial evidence to support the conclusion reached in the court below.” ’ ” (People v. Dougherty, 40 Cal.2d 876, 885 [256 P.2d 911]:)

Brooks testified that he left his apartment about 1 p.m., locking both the front and rear doors. Upon his return in a couple of hours the rear door was open. He rushed in and encountered the defendant who attempted to leave by the rear door. Brooks shoved him back inside, whereupon defendant “swung” at him and produced a knife which he held open in his hand. Brooks was able to subdue the defendant by striking him with an electric iron. They grappled for a time on the kitchen floor and Brooks was eventually able to hold defendant down and dial the operator to summon the police. In the course of the struggle, Brooks noted that his movie camera was in defendant’s pocket, as well as two sets of cuff links and some tie bars and keys, all belonging to Brooks. Tucked in defendant’s jacket he found two of his shirts. Defendant then asked for “a break,” explaining that he had a family.

When the police arrived they found the defendant and Brooks still struggling on the floor. Defendant admitted [849]ownership of the knife (3Y& inches long), but denied having used it. An officer testified that defendant’s fingerprints were found on a jewel box that was in Brooks’ bedroom and in which he said he kept his cuff links.

Defendant testified that he entered Brooks’ apartment believing it to be that of a girl friend of his. He entered through the back door which he found unlocked. Finding no one there, he assumed the girl friend would return soon. So he waited. Having cigarettes and no matches and wanting to smoke, he looked around for a match. He looked in the kitchen and all over the house. He opened bureau drawers when conducting this search, looking for a match. Asked, “would you say . . . you don’t recall or that you are positive that you did not have” the cuff links in his possession, he replied “I don’t recall.” He was about to turn the radio on and listen to some music when Brooks returned.