Jones

People v. Jones

Good Law
1965 Cal. App. LEXIS 1496·232 Cal. App. 2d 538·42 Cal. Rptr. 925
Court of Appeal of CaliforniaFebruary 26, 1965Crim. No. 4500California571 words

Opinion

Lead Opinion

Draper, J.

Convicted by a jury of second degree burglary, defendant was sentenced to prison. He appeals.

A householder, looking out her living room window at 6:15 a.m., saw a man enter a gateway which opened upon an approach to the rear of a furniture store. He returned carrying two portable television sets, which he placed in an automobile parked on the street. She telephoned the police, continuing to watch the area as she did so. She saw a second man, whom she identified at trial as appellant, approach the car from the gateway. He closed the hood and entered the passenger side of the automobile. The other man drove the ear away. The witness gave the police its license number and a description of the two occupants. Less than 15 minutes later, police stopped the car at a distance from the store. It was occupied by defendant and one Johnson. It contained five television sets and several appliances later identified as having come from the furniture store.. One of the television *540 sets was in front, beneath defendant’s legs, as he sat on the passenger side. A rear window of the furniture store had been opened, and the lock of the rear door had been forced. Both defendant and Johnson were…

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