People v. Dukes

The defendant was charged, in separate counts, with the crimes of burglary and petit theft, the latter including a prior conviction of the same offense. It was alleged, respectively, that he entered a house occupied by one G. H. Kemp with intent to commit theft, and that he took therefrom a portable typewriter. He admitted the prior conviction and a jury found him guilty of burglary in the second degree and of petit theft. He was sentenced on both counts, the sentences to run concurrently, and has appealed from the judgment and from an order denying his motion for a new trial.

The following…