People v. Toomes, Cr. 5780

• Decision Date: 11 February 1957
• Docket Number: Cr. 5780
• Citation: 148 Cal.App.2d 465,306 P.2d 953
• Court: California Court of Appeals Court of Appeals
• Parties: The PEOPLE of the State of California, Plaintiff and Appellant, v. John H. TOOMES and Philander Smith, Defendants and Respondents.

Page 953

306 P.2d 953

148 Cal.App.2d 465

The PEOPLE of the State of California, Plaintiff and Appellant, v. John H. TOOMES and Philander Smith, Defendants and Respondents.

Cr. 5780.

District Court of Appeal, Second District, Division 3, California.

Feb. 11, 1957.

Rehearing Denied March 13, 1957.

Hearing Denied April 10, 1957.

Edmund G. Brown, Atty. Gen., William E. James, Deputy Atty. Gen., William B. McKesson, Dist. Atty., Jere J. Sullivan, Lewis Watnick, Fred N. Whichello, Deputy Dist. Attys., Los Angeles, for appellant.

Ellery E. Cuff, Public Defender of Los Angeles County, Richard W. Erskine, Deputy Public Defendant, Los Angeles, for respondent Philander Smith.

SHINN, Presiding Justice.

John H. Toomes and Philander Smith were accused of burglary and upon the preliminary hearing were committed for trial. They made a motion to set aside the information under section 995 of the Penal Code upon the ground that they had been committed without reasonable or probable cause. The motion was granted and the People appeal.

The evidence at the preliminary hearing established the following facts: Harry Bergerson parked his automobile on the street. He closed the windows and locked the doors. The trunk was locked. Defendants drove up in a car, parked alongside, opened the trunk with a tire iron rim and screw driver and took therefrom a spare tire mounted on a rim. They were later apprehended with the rim and tire in question, and two others, in the trunk of their car and were placed under arrest.

The question on appeal is whether the defendants were guilty of burglary or only of theft. Section 459 of the Penal Code provides in part: 'Every person who enters any * * * vehicle as defined by said code when the doors of such vehicle are locked * * * with intent to commit grand or petit larceny or any felony is guilty of burglary.' An automobile is such a vehicle. § 31, Vehicle Code. It is the contention of defendants, which prevailed in the trial court, that the words, 'the doors of such vehicle are locked' refer only to the side doors of an automobile and cannot reasonably be understood as including the cover of the trunk. Therefore, they argue that in order to constitute burglary there must be an unlawful entry into the section of the car that is entered through the side doors. They concede that if the lid or cover of a trunk is one of the doors of the vehicle within the meaning of section 459, and is locked, an entry into the trunk compartment for the purpose of committing a theft would constitute burglary. 'Door' is defined in Webster's New International Dictionary, Second Edition, Unabridged: '1. The movable frame or barrier of boards, or other material, usually turning on hinges or pivots or sliding, by which an entranceway into a house or apartment is closed and opened; also, a similar part of a piece of furniture, as in a cabinet or bookcase. 2. An opening in the wall of a house or of an apartment, by which to go in and out; an entranceway; a doorway. 3. Passage; means of approach or access.'

In deciding whether it was the intent of the legislature in using the word 'doors' that it should include only the side doors of a vehicle or also the lid or cover of the trunk, a most satisfactory guide to the legislative intention would be the apparent evils sought to be prevented, namely, the breaking into the interior sections of locked cars. Manifestly, making the offense a felony would tend to minimize the frequency of such unlawful acts. It is apparent that that purpose could not be adequately accomplished by denouncing as a felony entry by the breaking or opening of locks of the side doors without also making it an equally serious offense to enter a locked trunk compartment for the purpose of committing theft. The trunks or luggage compartments of automobiles are fitted with locks for the very reason that they furnish a convenient place for the carrying of things of value. We think the word 'door' better describes the top of a luggage...