Bray

Billy Webster and Gerald Larson were living in a second-story apartment at 3730 Eighth Avenue, San Diego, on September 2-3, 1962. Webster was asleep on a couch in the living room and Larson was in the bedroom. The rear door of the apartment was left open for better air circulation. About 5 a.m., Webster was awakened and saw a man standing in the room near the rear doorway. Webster shouted, “Who is it?” and the man answered, “Is that you Eli?” Webster jumped up, turned on the light and saw defendant with a black folder in his hand. He also had a lit cigarette. Webster identified defendant as the man he saw. Defendant ran out the door and down the back stairs. Webster partially dressed and noted that defendant had dropped the folder on the couch. It belonged to Larson, who had left it with a package of Camel cigarettes on the nearby table the evening before. The cigarettes were missing. Webster and Larson ran downstairs to pursue defendant. An officer had received a prowler call in that block and was parked nearby with his lights off. He heard running footsteps. Defendant ran toward him and he was stopped. The officer knew defendant and asked him what he was doing. Defendant said…