People v. Gray
People v. Gray
Opinion of the Court
Defendant was charged, in two counts, with burglary. In a trial by jury he was found guilty, as to both counts, of burglary in the second degree. Defendant appeals from the judgment and from the order denying his motion for a new trial.
Appellant contends that the evidence is insufficient to support the verdict.
On the morning of June 18, 1953, Mr. Patton discovered that two boxes of tools had been removed from the garage at his residence at 2628 West 157th Street in Gardena. On the same morning, Mr. Barton discovered that all of his tools, a tool box and a jig saw had been removed from the garage at his residence at 2528 West 157th Street in Gardena. Mr. Patton testified that he had not been in his garage for three days prior to said June 18, but at that time the doors of the garage were closed; on the morning of June 18, one of the doors was partly open. Mr. Barton testified that he used his tools on the evening of June 17, 1953; when he left the garage the overhead door facing the alley was bolted from the inside, and he closed the door facing the yard but did not lock it; when he went to the garage about 7 a. m. on June 18, the overhead door was open. About 6 a. m. on June 18, 1953, a police officer saw an unoccupied Pontiac automobile, with its motor running, parked in the alley in front of the open overhead door of Mr. Barton’s garage. There was no license plate on the front of the automobile and the rear license plate was covered with a rag. The tools, tool boxes and jig saw which had been taken from the garages of Mr. Patton and Mr. Barton were in the automobile. Also a pair of men’s shoes was in the automobile. The automobile and the shoes belonged to defendant.
Another witness, called by the People, testified that on said June 38 he lived at 2707 West 155th Street in Gardena. About 7 -.10 a. m. on that day he saw defendant across the street from his residence. Defendant was on his hands and knees at the side of a hedge. Defendant looked at him, then ran across the street between the two houses west of his (witness’) house and disappeared. At that time defendant had a mustache, was wearing a maroon shirt, but was not wearing shoes.
Another witness, called by the People, testified that on said June 18 she lived at 15332 Chanera Street in Gardena, which is three blocks from 157th Street, and in the neighborhood of the 2600 block. About 7:45 a. m. on that day, AArhile she was in her kitchen, she saw defendant walking through her yard and at that time he was about 10 feet from her. He walked very slowly, opened the gate slowly, looked up and down the street and then ran across the street. He had no shoes on and he was dressed in a rust-colored shirt, brown trousers and blue socks. At that time he had a mustache.
An officer, called as a witness by defendant, testified that about 8:20 a. m. on said June 18 he received a call about a stolen automobile, and in response thereto he went to defendant’s home. He arrived there about 8:30 a. m. and took a “stolen-car report” from defendant regarding the Pontiac automobile (involved herein). At that time defendant was wearing a blue and white “checkered” shirt, brown trousers and paint-speckled shoes, and he had a mustache.
Defendant testified that on June 17, 1953, from 1 p. m. until approximately 7 p. m., he was drinking in a bar. He then went to his home and, finding no one there, he went to his sister’s home where he stayed until approximately 11 p. m. Then he returned to the bar where he remained until about midnight. Then he went to two bars and then he returned to the first bar where he continued drinking until 2 a. m. Then he went, with the bartender and another man, to a café across the street from the bar and had a cup of coffee, and then he drove to his sister’s home. He thought that somebody let him in but he had a key and could have opened the door himself. The next morning a friend telephoned him about playing golf, and he told the friend to go back to bed—that it was still night. About 8 a. m., his
Defendant’s sister, called as a witness by defendant, testified that on the evening of June 17, 1953, defendant left her home about 11 p. m., and the next time she saw him was at 8 a. m. the following morning. At that time he was asleep on the couch in her living room and she awakened him.
Another witness, called by defendant, testified that he and defendant had played golf many times. He saw defendant in the club, where he (witness) works, about 1:30 a. m. on said June 18, and he asked defendant about playing golf. About 6:20 that morning he (witness) telephoned defendant and defendant told him to forget about golf.
Appellant argues that it would have been impossible for him to be where the crimes were committed at 7:45 a. m. and, 15 minutes thereafter, to be at his sister’s home, 11 miles away. He refers to testimony of a witness that she saw him near 157th Street at 7:45 a. m., and to the testimony of his sister that he was sleeping in her home at 8 a. m. He also refers to testimony of his friend that he talked to appellant at 6:20 a. m. The jury was not required to accept the testimony of appellant’s sister to the effect that appellant was in her home at 8 a. m. Three witnesses identified appellant as the man they saw in the vicinity where the crime was committed. As stated in People v. McNeal, 123 Cal.App.2d 222, at page 224 [266 P.2d 599], “The question of identification of the accused as the person who committed the crime was a question for the jury unless the evidence of identification was incredible as a matter of law.” The three witnesses, above referred to herein, testified that when they saw appellant in the vicinity of 157th Street he had no shoes on and he had a mustache. Appellant’s shoes were in the automobile, and the officer who investigated the stolen-car report testified that appellant had a mustache at 8:30 a. m.
Appellant asserts further that there was no testimony that anyone saw him enter the garages, and that therefore an essential element of the crimes of burglary was not proved. The evidence is uncontradicted that appellant was driving his automobile in the early hours of the morning of June 18; about 6 a. m. his automobile was parked in the alley before the open door of Mr, Barton’s garage; the stolen articles were in his car; appellant’s ignition key and his shoes were in the automobile. There was evidence that appellant fled when the officer ordered him to halt. The evidence amply supports the verdict.
The judgment and order are affirmed.
Shinn, P. J., and Vallée, J., concurred.
Reference
- Full Case Name
- THE PEOPLE v. BURL T. GRAY
- Cited By
- 1 case
- Status
- Published