Gary

People v. Gary

Good Law
1968 Cal. App. LEXIS 2198·263 Cal. App. 2d 192·69 Cal. Rptr. 777
Court of Appeal of CaliforniaJune 17, 1968Crim. No. 13611California2,982 words

Opinion

Lead Opinion

Lillie, J.

Defendant was charged with two counts of burglary (§ 459, Pen. Code), two counts of receiving stolen property (§ 496, Pen. Code) and one prior felony conviction (§ 666, subd. 3, Pen. Code). He and all counsel waived trial by jury of the cause and the prior; the judge found defendant guilty on. the two burglary counts and acquitted him of receiving stolen property. Defendant’s motion for new trial was denied and the prior conviction was found to be true; he appeals from the judgment.

" Kurt Scholz was summoned by police to his place of business at 221 South La Brea around 3 a.m. on July 3, 1966; a window was .broken and glass was on the floor; a radio set, record player and typewriter were missing. Jerry Kapeink, located at. the same address operating a driving school, was summoned by police ón July 3, 1966, around 4 or 5 a.m.; a window had been broken. Gustave Duschnes had an adding *195 machine in Kapcink’s office; he next saw it at the police station on July 4,1966.

Around 3 a.m. on July 3, 1966, Officers Oakes and Alexander were in the vicinity of Pico and Crenshaw, 3 miles from 221 South La Brea; their attention was drawn to defendant’s vehicle traveling about 50 miles an…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.