People v. Smith

Appellants, Smith and Hall, were jointly charged with having broken into two garages, stolen two automobiles and driven them without the consent of the owners. These accusations were embodied in six counts, two charging burglary, two grand theft and two alleging violations of section 146 of the California Vehicle Act. Appellant Smith was convicted on five counts, appellant Hall on three. Contrary to their contention, the evidence, we find, warranted the convictions.

Appellants’ guilt of the crimes of burglary and grand theft was established by evidence purely circumstantial. That someone entered the garage where a Studebaker was housed and stole it and a bag, a lamp and other articles, was proven. Also, there was evidence that some two weeks before, someone had entered a garage where a Buick was kept and had stolen it and an army blanket. There was no direct proof that either appellant entered either garage or stole either car. From the evidence it appeared, however, that appellant Hall stored a Studebaker which was identified as being the one stolen. His explanation to the garage man was that it belonged to a bootlegger friend, Adkins. When recovered it was powered by a motor…