People v. Goldsworthy
California Supreme Court
APPEAL from a judgment of the Superior Court of San Joaquin County and from an order denying a new trial. Joseph H. Budd, Judge. The evidence showed that the basement of the adjoining store where the arson was attempted was partly underground. It had walls of brick, and was used for the storage of merchandise. It had a window in the rear, but was otherwise dark, and was lighted by gas. There were pillars in it for the support of the floor above.
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APPEAL from a judgment of the Superior Court of San Joaquin County and from an order denying a new trial. Joseph H. Budd, Judge. The evidence showed that the basement of the adjoining store where the arson was attempted was partly underground. It had walls of brick, and was used for the storage of merchandise. It had a window in the rear, but was otherwise dark, and was lighted by gas. There were pillars in it for the support of the floor above. Shelves were built in it where merchandise was stored; and it had a floor and a partition. It was frequently spoken of by several witnesses as the…
1Opinion of the CourtGaroutte, J.
The defendant has been convicted of the crime of burglary, and appeals to this court.
The information charged that defendant entered “the basement room of a certain store, with intent to commit arson.” It is now claimed that the pleading does not state the commission of a crime. Section 459 of the Penal Code provides: “Every person who enters any house, room, apartment, tenement, .... or other building, .... with indent to commit grand or petit larceny, or any felony, is guilty of burglary.” It is contended that “the facts constituting the arson should be alleged.” But we de'em the law of…
2Cases cited3 opinions
- People v. NelsonCalifornia Supreme Court · 1881
- People v. BurnsCalifornia Supreme Court · 1883
- People v. SmithCalifornia Supreme Court · 1890
3Cited by24 opinions
- People v. MontoyaCalifornia Supreme Court · 1994
- People v. MyersCalifornia Supreme Court · 1929
- Putensen v. Clay Adams, Inc.California Court of Appeal · 1970
- Martin v. ParkinsNorth Dakota Supreme Court · 1927
- People v. BuschCalifornia Supreme Court · 1961
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