People v. Miller

SHEPARD, J. Defendant was tried by jury on charges of burglary and grand theft. He was found guilty on both counts and the burglary was fixed at second degree. From the judgment sentencing him to concurrent terms in the state prison and from the order denying his motion for a new trial, he appeals.

Defendant makes only two contentions on this appeal: First, that the evidence is insufficient to support the verdict; and, second, that the court erred in admitting evidence of identification of photographs.

Sufficiency of Evidence

As to sufficiency of evidence, this court is required to “ ‘assume in favor of the verdict the existence of every fact which the jury could have reasonably deduced from the evidence, and then determine whether such facts are sufficient to support the verdict.’ If the circumstances reasonably justify the verdict of the jury, the opinion of the reviewing court that those circumstances might also reasonably be reconciled with the innocence of the defendant will not warrant interference with the determination of the jury.” (People v. Newland, 15 Cal.2d 678, 681 [1] [104 P.2d 778].) See also People v. Merkouris, 52 Cal.2d 672, 678 [1] [344 P.2d 1].

With this rule in mind, the record before us shows that defendant, about four or five days to one week before the occasion of the burglary, accompanied by ‘‘two or three other fellows,” came into Don Cree's Men’s Store at 6714 Brockton, Riverside, California (where burglary later took place). They walked through the store looking at suits and other merchandise, but did not buy anything. Witness Joe Patterson, a salesman in the store, at that time noticed defendant sufficiently to remember his peculiar high pompadour hairdress and his size [784]and style of walk. On October 19, 1959, at about 2:05 a.m. (about 18 hours prior to the burglary), Glade Linn, police sergeant of the nearby town of Rialto, stopped defendant and interrogated him about five minutes in connection with the car defendant was then driving. Defendant was wearing a pompadour hairdress and looked about the same as in a photograph shown the witness at the trial. At about 8 to 8:30 p.m. on the same day, Joe Patterson saw defendant (a Negro) with two other male Negroes all estimated to be of the ages of about 18, 19 to 23 years, looking at suits in the back of the store. Defendant is 22 years of age. Patterson then turned to a customer, and shortly thereafter saw the same three going out the back door of the store with one carrying a bundle of suits. Donald Cree, proprietor of the store, ran out the back door after them, and saw an old Buick he thought to be a dirty blue in color with a teardrop shape body being driven away without lights. The suit rack earlier in the evening had 16 to 18 suits on it, but after the burglary only four were left. The value of the stolen suits was $600. Cree identified a photograph of defendant’s car as being the same Buick he saw leaving without lights. In the meantime Patterson called the police.