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PEOPLE v. CUELLAR

Docket No. 9093.

222 Cal.App.2d 752 (1963)

35 Cal. Rptr. 441

THE PEOPLE, Plaintiff and Respondent, v. JUAN HERMINIO CUELLAR, Defendant and Appellant.

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

December 2, 1963.

Attorney(s) appearing for the Case

Daye Shinn for Defendant and Appellant.

Stanley Mosk, Attorney General, William E. James, Assistant Attorney General, and Gordon Ringer, Deputy Attorney General, for Plaintiff and Respondent.

WOOD, P.J.

Defendant Cuellar and one Harold Lumar were accused of attempted burglary. Cuellar admitted an allegation of the information that he had been convicted previously of burglary, a felony. In a nonjury trial Cuellar was adjudged guilty of attempted burglary of the second degree, and Lumar was adjudged not guilty. Cuellar appeals from the judgment and the order denying his motion for a new trial.

On January 5, 1963, about 5 p.m., when Mrs. Blem, the...

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