People v. Naughton

The defendant, Merle Oliver Naughton, was convicted by a jury of burglary in the second degree in that on December 27, 1966, he unlawfully entered a restaurant at 2790 South Bailroad Avenue in Fresno with intent to commit theft therein. The defendant pleaded not guilty but admitted a prior conviction of forgery in the State of Iowa on or about the 19th day of February, 1938. In the instant ease, his application for probation was denied, and he was sentenced to state’s prison.

A comprehensive brief was filed by the appellant urging the following alleged grounds for a reversal of the judgment:

1)…