State v. Roybal

OPINION

WALDO SPIESS, Judge, Court of Appeals.

Appellant, Juan Luciano Roybal, was tried and convicted in the district court of Santa Fe County upon an information charging him with unlawfully breaking and entering into Kimbell’s Warehouse, without the owner’s authority and with intent to commit theft therein. He has appealed from the judgment and sentence imposed by the court.

Four points are relied upon for reversal. It is first urged that appellant was denied a trial by jury upon the issue of his present sanity although the evidence before the trial court required such submission. It is a…