People v. Rogers

In a non jury trial, the appellant Rogers was found guilty of the crime of burglary in the second degree. The allegations of the information that he had suffered four prior felony convictions were found to be true. The defendant has appealed from the judgment and from the order denying his motion for a new trial.

The evidence before the trial court will be summarized. James T. Rumery, who was the chief storekeeper of the Associated Students Store at El' Camino College in Los Angeles County, testified that he locked the store at about 4:35 p. m. on Friday, August 26, 1960. He was the last person to leave. A post office substation was maintained at the store. The store was not open during the weekend. When Mr. Rumery returned on the following Monday morning and unlocked the store, typewriters, cameras, records, cigarettes and all the cash and postal money orders in stock were missing; the safe was not there. The witness identified money orders shown to him and marked as Exhibit 2 for identification as being money orders which had been delivered to the store by the United States Post Office Department. On Monday morning, he observed a door in the building from which a ventilation…