People v. De Swan

James Clifford De Swan was charged by information with burglarizing an automobile belonging to Jack S. Gabrich. It was also alleged that he had previously been convicted of burglary and had served a term in state prison. He admitted the prior conviction. In a jury trial he was found guilty of second degree burglary and he appeals from the judgment.

There was evidence of the following facts: On June 1, 1959, Gabrich and a Miss Reed drove to Cabrillo Beach in the former’s Thunderbird convertible. Gabrich parked and locked the car and rolled up the windows, leaving in the glove compartment a wallet containing his driver’s license, various identification cards and $80 in bills. At about 2 p. m. Miss Reed looked up at the car and saw a man resembling defendant walk around it three or four times; the man was holding a white towel or tee shirt. Miss Reed then saw him enter an old dull-colored car and drive away. When Gabrich and his companion returned to the Thunderbird the window was cracked and forced open and the wallet was gone.

June 6th, Officer Robert Platt observed defendant walking around the cars parked in the Belmont Shore parking lot in Long Beach. De Swan looked into about…