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  5. 239 Cal.App.2d 318 (1966)
 

PEOPLE v. MITCHELL

Docket No. 3754.

239 Cal.App.2d 318 (1966)

48 Cal. Rptr. 533

THE PEOPLE, Plaintiff and Respondent, v. ALBERT VINCENT MITCHELL, Defendant and Appellant.

Court of Appeals of California, Third District.

January 11, 1966.

Attorney(s) appearing for the Case

Charles Y. Boeggeman, under appointment by the District Court of Appeal, for Defendant and Appellant.

Thomas C. Lynch, Attorney General, Doris Maier, Assistant Attorney General, Raymond Momboisse and Roland Hall, Deputy Attorneys General, for Plaintiff and Respondent.

VAN DYKE, J.*

This is an appeal from a conviction of burglary in the second degree. The scene of the crime was Suzie's Dress Shop in Sacramento. The store was locked on the night of May 4, 1964, and was entered during the night. When one of the owners arrived at the store the next morning, she described the scene as follows: "... there was a lot of our merchandise which was strewn around on the sidewalk in front of the store and to the...

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