Deutschman
People v. Deutschman
Opinion
Lead Opinion
Elkington, J.
Defendant Herman Charles Deutschman, having waived a jury, was convicted of five counts of burglary (Pen. Code, § 459) and one count of attempted burglary (Pen. Code, §§ 664, 459). He appeals from the judgment which was thereafter entered.
Viewing the evidence in the light most favorable to the People as we are bound to do following a guilty finding (People v. Sweeney, 55 Cal.2d 27, 33 [ 9 Cal.Rptr. 793 , 357 P.2d 1049 ]; People v. Caritativo, 46 Cal.2d 68, 70 [ 292 P.2d 513 ], cert. den. 351 U.S. 972 [ 100 L.Ed. 1490 , 76 S.Ct. 1042 ]; People v. Dail, 22 Cal.2d 642, 650 [ 140 P.2d 828 ]), we state the relevant facts.
At approximately 1:30 on the afternoon of Friday, July 25, 1969, Officer McFarland and Sergeant Kafka of the San Francisco Police Department Pawnshop Detail, who were on routine patrol, entered a pawnshop at 77 Sixth Street. There they observed appellant at the pawnbroker’s window attempting to sell an office model IBM electric typewriter with a value of several hundred dollars for forty or fifty dollars. The officers noted that the appellant appeared to be unfamiliar with the operation of the typewriter and that he was unable to explain its operation to…