People v. Bray

GRIFFIN, P. J. Billy Webster and Gerald Larson were living in a second-story apartment at 3730 Eighth Avenue, San Diego, on September 2-3, 1962. Webster was asleep on a couch in the living room and Larson was in the bedroom. The rear door of the apartment was left open for better air circulation. About 5 a.m., Webster was awakened and saw a man standing in the room near the rear doorway. Webster shouted, “Who is it?” and the man answered, “Is that you Eli?” Webster jumped up, turned on the light and saw defendant with a black folder in his hand. He also had a lit cigarette. Webster identified defendant as the man he saw. Defendant ran out the door and down the back stairs. Webster partially dressed and noted that defendant had dropped the folder on the couch. It belonged to Larson, who had left it with a package of Camel cigarettes on the nearby table the evening before. The cigarettes were missing. Webster and Larson ran downstairs to pursue defendant. An officer had received a prowler call in that block and was parked nearby with his lights off. He heard running footsteps. Defendant ran toward him and he was stopped. The officer knew defendant and asked him what he was doing. Defendant said that he had gone to a gas station where he obtained some cigarettes and was returning to his girl friend’s house. The officer knew that the gas station was closed at that time, so he searched defendant and arrested him as the possible prowler.

Webster and two other men ran up to the police car where defendant was seated and Webster pointed to defendant and stated that he was the man who had entered his apartment. Webster then related to the officer what had happened. The [42]officer removed a package of Camel cigarettes from defendant’s pocket and asked defendant if the cigarettes came from Webster’s apartment and defendant replied, “The guy’s crazy. He didn’t even get close enough to identify me.” Defendant was taken to jail and there interviewed. He first denied any knowledge of the events but later freely and voluntarily admitted entering Webster’s apartment to steal money. He related the events as described by Webster. The conversation was tape-recorded. The next day, he again made a statement to the same effect, which was taken down in shorthand. He said that he took a package of cigarettes from the apartment, picked up a leather object and fled. The next day, he refused to sign the statement because he said it contained mistakes and also because his counsel had advised him not to sign it. He was later confronted by Webster, the story was retold, and defendant made no reply. Defendant told an officer that day that he had admitted the burglary to another officer.