Wheeler

After a court trial defendant Wheeler was found guilty of a violation of Penal Code, section 464 (burglary with explosives). A motion for new trial was denied, as was probation.

The record shows that originally defendant was charged jointly with one Philip W. Steward. At the time of the trial in this matter the information against Steward had been set aside after a motion under Penal Code, section 995. He was, however, subject to a renewed effort on the part of the prosecution.

Although defendant argues strenuously that the evidence does not support the conviction, there is no merit whatever to the point. The following is an outline of the rather impressive case against him.

The premises burglarized were those of the Eastside Dairy Farms at 2929 North Durfee Road, situated in unincorporated county territory.

Martin Bosnyak the president of the dairy arrived in his office at about 3 :50 a.m. on December 15, 1964. There were several tools lying around the office safe, the safe's knob was on the floor, there was a torch-cut on a door of the safe and about $40 in “petty change” was missing. Officer Cataldi who arrived at about 5:30 a.m. found that the safe was still warm to the…