People v. Johnson

Accused by information of burglary Lamar Chivers and Joe Edd Johnson were jointly tried and convicted in a jury trial of attempted burglary. Johnson was represented by the public defender, Chivers by other appointed counsel. Johnson admitted the allegation of a prior felony conviction. We have for consideration the appeal of Johnson from the judgment. Johnson applied for appointment of counsel on the appeal. We read the record, determined that *795 the appeal is frivolous and denied the application. After due notice no brief has been filed by appellant.

There was evidence of the following facts: Barr Clothing Company store is located at Sixth and La Brea in Los Angeles. John M. Bleier, Jr., was employed in the store as a nighttime security officer; about 2:45 a. m. Bleier heard the crashing of breaking glass; he ran to the front of the store; a front window had been broken; a milk crate lay on the floor by a clothing rack; Johnson was standing on the sidewalk about 3 feet from the window; Bleier placed him under arrest; Johnson said he did not do it; he pointed to Chivers who was running away and said that was the man who did it; that he (Johnson) hit the man with his ear.…