People v. Rogers

Good Law
1966 Cal. App. LEXIS 1252·241 Cal. App. 2d 384·50 Cal. Rptr. 559
Court of Appeal of CaliforniaApril 6, 1966Crim. 10854California1,938 words

Opinion

Opinion

Fleming, J.

Raymond Rogers was convicted of burglary of the Kahlua Bar and burglary of the Alano Club (Pen. Code, § 459), with four prior felony convictions.

Rogers was apprehended while parked at 4 a.m. on a county highway adjacent to the City of Covina. Officer Melton, a Covina police officer who was patrolling Covina businesses abutting the road, noticed Rogers getting into a parked car across the street from establishments which had been frequently burglarized. He stopped his vehicle in the middle of the highway and asked Rogers what he was doing. The latter replied he had just fixed a flat tire. Officer Melton asked where the tire was. Rogers then said he hadn’t fixed a flat tire but had pulled off the road to drink a can of beer. As the police officer cheeked Rogers’ driver’s license and car registration he noticed cartons and loose packages of candy and cigarettes in the back of the car. He radioed headquarters for assistance and while waiting asked Rogers if he had ever been in prison. Rogers replied he had done time for burglary, petty theft, and second-degree robbery. In a few minutes other officers arrived, and Officer Melton went to the Kahlua Bar, located about 50 feet away in…

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