PEOPLE v. WITT

Docket No. 3372.

159 Cal.App.2d 492 (1958)

324 P.2d 79

THE PEOPLE, Respondent, v. ROBERT WITT, Appellant.

Court of Appeals of California, First District, Division One.

April 18, 1958.


Attorney(s) appearing for the Case

Herbert J. Callman, under appointment by the District Court of Appeal, for Appellant.

Edmund G. Brown, Attorney General, Clarence A. Linn, Assistant Attorney General, Raymond M. Momboisse, Deputy Attorney General, Thomas C. Lynch, District Attorney (San Francisco), and Frank Campbell, Deputy District Attorney, for Respondent.


PETERS, P.J.

Defendant was found guilty by a jury of second degree burglary. He appeals from the judgment entered on that verdict and from the order denying his motion for a new trial.

The burglary involved occurred on October 29, 1956, between the hours of 1 and 4:45 p.m. It was of the apartment of Mr. and Mrs. Mah on Pine Street in San Francisco. During those hours the Mahs were out of their locked apartment. When Mr. Mah returned about 4:45 p.m., he discovered...

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