Alverson

Alverson, Stoner and Williamson were jointly charged with and tried for burglary. Five prior Convictions were charged against and admitted by Alverson, and one prior was charged against and admitted by Williamson. The jury found Alverson and Stoner guilty of second degree burglary, and acquitted Williamson. Alverson alone appeals.

The charged burglary was of a radio store in Los Angeles. There is no need to recite the evidence in detail. For the purposes of this appeal all that need be stated is that at the close of the evidence the prosecution’s case against Williamson was strong, and, comparatively, was weak against the two other defendants, except for the testimony of Williamson. The latter had been positively identified as the driver of the getaway car, and when stopped by the police, had fled the scene. When arrested he had given extrajudicial statements to the police which were recorded and introduced against him. In those statements, not admitted against his codefendants, he admitted driving the getaway car and fleeing the scene, but claimed that he did not know of the burglary until the other two defendants got into the car, told him that they had burglarized the radio…

I dissent.

Facts: Defendant and two codefendants, Stoner and Williamson, were jointly charged and tried for burglary. The jury *811 found defendant and Stoner guilty of second degree burglary, but acquitted Williamson.

At 3:30 a.m. on April 26, 1961, police officers investigating a ringing burglar alarm saw two men run from a store to a ear. The officers gave chase and stopped the car, but as they approached it on foot, the driver ignored the warnings and drove off. The only one of the three occupants of the car whom the officers could identify was Williamson.

The chase proceeded, and defendant was stopped by officers while he was walking in the vicinity where they last observed the car. At this time he was carrying one of the stolen radios, which he claimed to have found.

The getaway car was in a lot across the street from where defendant was arrested. Stoner was found lying on the ground near it. Williamson’s name was on a borrowing agreement for the car, and he was arrested two days later.

Both defendant and Stoner offered alibis, and Williamson’s testimony was the only direct evidence which placed them at the scene of the crime.

Williamson claimed that he drove defendant…