Perkins

People v. Perkins

Good Law
1963 Cal. App. LEXIS 1499·223 Cal. App. 2d 20·35 Cal. Rptr. 589
Court of Appeal of CaliforniaDecember 5, 1963Crim. No. 1895California764 words

Opinion

Lead Opinion

Browngerald, J.

Defendant appeals from a judgment entered upon a jury verdict finding him guilty of burglary in the second degree. Two prior burglaries charged in the information were admitted.

Donald Spain testified that he and defendant went to the Balboa Golf Club on the night of August 30, 1962. Spain entered the clubhouse through a window. Either he or defendant broke the glass door in the manager’s office. Spain took some golf clubs and a pair of binoculars from the office, hiding the clubs in the bushes. Either he or defendant broke a window at the starter’s booth with a chair and Spain took another pair of binoculars and the starter’s blank pistol from this area. The clubhouse was ransacked and the padlock broken off a cabinet door. That same evening a police officer saw defendant in the company of Spain and another. While the officer was parking his police ear in order to talk to the men, defendant disappeared between some buildings.

A Johnny Williamson testified that about 2 a.m. on the morning following the burglary he was awakened by defendant and Spain. Defendant asked him to keep two pairs of binoculars and gave them to him. Spain asked Williamson to keep a blank cartridge pistol…

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