People v. Jackson

Appellant was found guilty, in a nonjury trial, of violating Penal Code, section 459. He appeals from the judgment.

On February 22, 1964, at approximately 9:30 p.m., several police units acting in response to a radio call, converged on a residence located on Denker Avenue in Los Angeles to inves *792 tigate a possible burglary. Officer Irwin, while still one block from the residence, noticed three or four males in the driveway of the house. As Irwin’s police car neared the house, he saw appellant walking across the lawn to the sidewalk and observed another man step behind a pillar bordering the driveway. When Irwin and his partner parked their car, they apprehended appellant and the man standing behind the pillar.

The officers noticed several items of personal property on the porch of the house including a suit and a vacuum cleaner. In appellant’s pants pocket the officers found various items of men’s underclothing and cufflinks later identified as having been taken from the house. Approximately $200 in cash was also taken from the residence. Of this $170 was recovered.

At the time of his apprehension, the officers asked appellant to explain his presence at the house and…