People v. Helm

VALLÉE, J.

By information defendant was accused of burglary. Trial by jury was waived. Defendant was found guilty. Immediately after pronouncing judgment sentencing defendant to state prison, the court fixed the degree of the offense as burglary of the first degree. Defendant appeals from the judgment.

In the evening of February 13, 1957, Agnes Harvey was in her home at 3131 Broadway, Walnut Park. Between 7:30 and 7:45 she saw defendant, a stranger, coming out of the kitchen with her purse in his hand. Her husband and a daughter were in the house at the time. Defendant ran out of the back door…