People v. Gilbert

This is an appeal from a judgment of conviction of burglary of the first degree and from an order denying a motion for a new trial. The sole contention of the appellant is that the trial judge (the appellant having waived his right to trial by jury) should have determined the offense to have been burglary of the second degree rather than of the first degree.

The evidence upon which the conviction rests will be summarized. On January 27, 1960, at about 6 :20 p. m., Arthur Rene stopped at the home of Mary Elizabeth Tucker in the city of Long Beach so that he might take care of newspapers left…