People v. Stewart

Defendant was convicted by a jury of first degree burglary on December 24, 1951. The action was consolidated for trial with another action in which defendant was accused and found guilty of violating section 4532 of the Penal Code in escaping from a road camp. No appeal is being prosecuted from the judgment in the latter case.

It is claimed that the evidence is insufficient (1) as to the establishment of defendant’s intent to commit theft at the time of entry into the building; (2) to show that the burglary was committed in the nighttime; and (3) to show burglary of the first degree. He cites…