People v. Clouse

FOX, P. J. Appellant, Cecil Leroy Clouse, in an information filed by the District Attorney of Los Angeles County, was charged with the crime of burglary committed on or about January 3, 1963, in that he entered the office and building occupied by the Murphy Transportation Company with the intent to commit theft. The information also charged a prior felony committed in Oklahoma. Appellant admitted the prior felony and was found guilty of burglary in the second degree by a jury. Probation was denied and appellant was sentenced to the state prison. Appellant appeals from the judgment in propria persona.

On January 2, 1963, Mr. Inmon, operational manager of the Murphy Transportation Company, locked the offices and left everything in good order. Upon opening the door the following morning he found papers and records strewn on the floor and a window broken. The office was still locked, but the appellant was discovered sitting at an office desk with his head down on one hand and apparently asleep. Mr. Inmon then called the police and appellant was arrested. A number of blank checks and payroll checks had been removed from a bank book in a filing cabinet and had been placed on the desk where appellant was sitting. Appellant was discovered wearing a pair of gloves belonging to an employee of the company, and keys to an office desk were found in appellant’s possession.

After appellant was taken to the police station, at approximately 9:30 the same morning, Officer Guild of the Maywood Police Department spoke with appellant. At that time appellant freely and voluntarily stated that he had been drinking in a Los Angeles bar on the evening of January 2, and that [564]someone had given him a ride to the City of Maywood. Appellant also told Officer Guild that he had found a steel bar and used it to break a window of the Murphy Transportation Company; that he then climbed through the window into the office and discovered the checks, which he was planning on taking with him, and that he then sat down at the desk and fell sleep and was apprehended when he awoke.

Appellant testified on his own behalf, stating that he had been drinking in Los Angeles the previous evening for a number o£ hours, and that he did not remember anything which occurred after 1 a.m. of January 3, 1963. He did not recall being arrested, but did remember being awakened by the police.

Appellant recalled that he spoke with Officer Guild, testifying that he answered the questions which were put to him, but did not relate the circumstances which led him to be in the Murphy Transportation Company offices. He also stated that he was unable to recall anything which he told to Officer Guild because he was sick and had a “hang-over” from drinking.