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PEOPLE v. McNEAL

Docket No. 42.

212 Cal.App.2d 731 (1963)

28 Cal. Rptr. 173

THE PEOPLE, Plaintiff and Respondent, v. EDDIE McNEAL, Defendant and Appellant.

Court of Appeals of California, Fifth District.

February 6, 1963.

Attorney(s) appearing for the Case

Martin J. Rosen, under appointment by the District Court of Appeal, for Defendant and Appellant.

Stanley Mosk, Attorney General, Doris H. Maier, Assistant Attorney General, and Edward A. Hinz, Jr., Deputy Attorney General, for Plaintiff and Respondent.

CONLEY, P.J.

The defendant, Eddie McNeal, was convicted of burglary of the second degree and sentenced to state's prison. The crime as charged in the information was that he "... did wilfully and unlawfully enter a building, to wit: a tool shed on the property of Frank Cozzi, located near Dos Palos, with the intent to commit theft thereon."

The corpus delicti was clearly proved. Mr. Cozzi's tool shed, an enclosed building but not an inhabited dwelling, was...

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