People v. Belenger

Defendant appeals from his conviction of violation of section 459 (burglary) after trial by the court.

Questions Presented.

1. Sufficiency of evidence.

2. Court’s statement concerning distance.

Evidence.

The case involves the taking of certain personal property from the home of one Usher by Walter Burton, while defendant waited outside. Both Burton and defendant testified. The conflicts in their testimony are minor. On October 21, 1962, defendant, his wife and Burton shared a room at the Redwood Trail Motel in Felton, which defendant had rented under the name of J. Hicks. Defendant had known…