Dunn

In a court trial, William Henry Dunn was convicted of a violation of Penal Code, section 667 (petit theft with a prior felony conviction), and was sentenced to state prison for the term prescribed by law. Dunn appeals from the judgment.

The evidence consisted of that received at the preliminary hearing and additional evidence introduced at the trial. Jerry Miller of California is a dress manufacturing firm located on the fifth floor of a building at 722 South Los Angeles Street in the city of Los Angeles. The premises consist of an office, a show room and a factory; the rooms are separated by partitions. On June 25, 1957, Rita Appleby was employed by the firm as a bookkeeper. At about 1 p.m., appellant stepped off the elevator and entered the office, carrying a handful of loose papers. Mrs. Appleby testified that appellant told her he was a minister and asked her for a donation to send boys to camp, which she declined to give, stating that she had no authority to make donations. Mrs. Appleby told him to come back some other time. After talking to the witness for about 10 minutes, appellant left the office and walked across the hall, whereupon Mrs. Appleby went out to…