Perryman

Appellants, James Perryman and Willie Perryman, together with Arthur Mayfield, John D. Crumpton and John Cooper, were charged by indictment with burglarizing the Collins Electric Company in Sacramento. All defendants were charged with being armed with “deadly weapons, to wit, a 25-Calibre Automatic and a 38 S. and W. Revolver. ' ’

The Perrymans were tried separately, and convicted by a jury of burglary first degree. They were also found guilty of possession of a deadly weapon at the time of the offense.

Numerous thefts of copper wire in the Sacramento area prompted the police to conduct a surveillance of the places of business of four firms dealing in wire, including Collins Electric Company. Officers Shierts and Chatoian were assigned positions within the Collins Electric Company building. Detective Sergeants Asbury and Bennett, wearing civilian clothing, were stationed near the building in unmarked cars; a fifth officer, Sloan, was parked a short distance away near the intersection of 13th and V Streets.

Shierts and Chatoian had reached the yard of Collins Electric Company about 8 :40 p.m. when they observed five male adult Negroes in a light-colored 1957 Chrysler sedan…