Gardiner

People v. Gardiner

Good Law
1967 Cal. App. LEXIS 1377·254 Cal. App. 2d 160·61 Cal. Rptr. 891
Court of Appeal of CaliforniaSeptember 6, 1967Crim. No. 12176California980 words

Opinion

Lead Opinion

Herndon, J.

Defendants appeal from the judgments entered following a nonjury trial that resulted in their convictions of the crime of burglary. Appellants’ guilt being unquestioned, the sole question presented for our consideration is: Was the information possessed by the police at the time of appellants’ arrest such “as would lead a man of ordinary care and prudence to believe and conscientiously entertain an honest and strong suspicion that the [appellants *161 were] guilty of a crime”? (People v. Ingle, 53 Cal.2d 407, 412 [ 2 Cal.Rptr. 14 , 348 P.2d 577 ].) The record clearly dictates our affirmative answer to this question.

At approximately 8 :30 p.m. on the night of February 16, 1965, several units of the Arcadia police received a radio dispatch instructing them to proceed to a certain location to investigate a burglary then in progress. They were advised that the resident at 246 Arbolada had reported that persons whose car was parked in the street near his home were attempting to break into the residence located at 244 Arbolada whose owners were on vacation.

Officer Schneider, who was on lone patrol in the area when he received the general dispatch, testified that when he arrived upon…

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