People v. Citrino
People v. Citrino
Opinion of the Court
Defendant appeals from a judgment of conviction entered on a jury verdict finding him guilty of two counts of second degree burglary.
During the evening of June 3, 1954, or the early morning of June 4th, the premises of William and Frederick Motors in San Francisco were burglarized. An automobile, various items of garage equipment, a battery, and tools were taken. During the evening of June 5, 1954, or the early morning of June 6th, the premises of Pacific Nash Motor Sales were burglarized. An automobile and a safe containing the company’s records and automobile ownership certificates were taken. A few days later defendant sold to Ralph Astengo, a service station operator, some of the tools and equipment belonging to William and Frederick Motors and their employees. The sale price of $25 was much below the market value of the items sold. Defendant told Astengo that the
He contends that illegally obtained evidence was admitted against him. Since this case was tried before our decision in People v. Cahan, 44 Cal.2d 434 [282 P.2d 905], he is not precluded from raising this question now although he did not object to the admissibility of the evidence at the trial. (People v. Kitchens, ante, p. 260 [294 P.2d 17].) The record, however, is silent as to whether the officers had a search warrant, and in the absence of any evidence showing the illegality of the search, we must presume that the officers regularly and lawfully performed their duties. (People v. Farrara, ante, p. 265 [294 P.2d 21]; Code Civ. Proc., § 1963(1), (15), (33); People v. Serrano, 123 Cal.App.
Defendant contends that the evidence of the commission of another crime, the burglary of the Oakland liquor store, was erroneously admitted. It is now “settled in this state that except when it shows merely criminal disposition, evidence which tends logically and by reasonable inference to establish any fact material for the prosecution, or to overcome any material fact sought to be proved by the defense, is admissible although it may connect the accused with an offense not included in the charge.” (People v. Woods, 35 Cal.2d 504, 509 [218 P.2d 981].) Defendant’s possession of the stolen tools was a material fact, and the evidence that some of the tools were found early in the morning in a store under circumstances indicating that they had been recently abandoned coupled with the fact that defendant’s recently driven automobile was parked nearby was circumstantial evidence that defendant had been in possession of the tools.
Defendant’s main contention is that the evidence is insufficient to support the verdict. He argues that there is nothing in the record to connect him with the burglaries other than the evidence of his sale of some of the stolen property to Astengo. Possession alone of property stolen in a burglary is not of itself sufficient to sustain the possessor’s conviction of that burglary. There must be corroborating evidence of acts, conduct, or declarations of the accused tending to show his guilt. (People v. Boxer, 137 Cal. 562, 563-564 [70 P. 671]; People v. Carroll, 79 Cal.App.2d 146, 148 [179 P.2d 75].) When possession is shown, however, the corroborating evidence may be slight (People v. Morris, 124 Cal.App. 402, 404 [12 P.2d 679]; People v. Taylor, 4 Cal.App.2d 214, 217 [40 P.2d 870]; People v. Russell, 34 Cal.App.2d 665, 669 [94 P.2d 400]; People v. Thompson, 120 Cal.App.2d 359, 363 [260 P.2d 1019]), and the failure to show that possession was honestly obtained is itself a
Defendant also contends that the trial court erroneously permitted the district attorney to question him beyond the proper limits of cross-examination. (Pen. Code, § 1323.) On direct examination defendant denied any participation in the two burglaries charged. On cross-examination he was asked how his automobile got to Oakland and whether he had been in the vicinity at the time it was found. The questions were proper, for when a defendant takes the stand and makes a general denial of the crime with which he is charged, the prosecution can show circumstances that tend to connect him with it. (People v. Zerillo, 36 Cal.2d 222, 227-229 [223 P.2d 223].) Questions relating to defendant’s use of false addresses in purchasing the automobile were improper, but he could not have been prejudiced by them, since his use of a false name at the same time had already properly been shown.
Defendant contends that the district attorney was guilty of prejudicial misconduct in making an offer of proof
The judgment is affirmed.
Gibson, C. J., Schauer, J., Spence, J., and McComb, J., concurred. Shenk, J., concurred in the judgment.
Concurring Opinion
I concur in the judgment of affirmance but I do not agree with what is said in the majority opimon with respect to the rule announced in People v. Woods, 35 Cal.2d 504 [218 P.2d 981], in which case I dissented. I do not believe that the facts in the Woods case are analogous to the facts in the case at bar' or that ■ it is necessary to rely on the Woods case as authority for the conclusion reached in the case at bar.
Reference
- Full Case Name
- The PEOPLE, Respondent, v. ANTHONY CITRINO, Appellant
- Cited By
- 92 cases
- Status
- Published