Pauley

People v. Pauley

Good Law
1965 Cal. App. LEXIS 862·236 Cal. App. 2d 672·46 Cal. Rptr. 127
Court of Appeal of CaliforniaAugust 19, 1965Crim. No. 10424California2,062 words

Opinion

Lead Opinion

Kaus, J.

A jury convicted defendant of burglarizing the trailer of Mrs. Lovell on January 9, 1964. The victim was not in her trailer from 9 a.m. until 1 p.m. of that day. When she returned she discovered that several furs were missing. A chain on one of the doors had been broken.

Evidence pointing to defendant as the burglar consisted in the main of the following:

The defense consisted of: an alibi supported by the testimony of five witnesses, including defendant; an attempt to *674 show that fingerprints could have been left on the trailer on an earlier occasion and the testimony from a licensed optometrist, Doctor Kramb, which will be referred to in connection with the second of two assignments of error.

The first assignment relates to the admission of certain statements made by defendant both before and after his arrest.

Defendant’s opening brief was submitted before the second Dorado decision was filed (People v. Dorado, 62 Cal.2d 338 [ 42 Cal.Rptr. 169 , 398 P.2d 361 ]) and it is perhaps understandable that his complaints about the admission of his extrajudicial statements are rather general.

The prosecution introduced several groups of statements, given by defendant at various…

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