People v. Jefferson

By the Court:

The indictment charged the commission of burglary, in that defendants did willfully, unlawfully, feloniously, and burglariously break and enter a certain railroad car, with the intent then and there to commit larceny, etc. To this indictment the defendants pleaded guilty.

The County Court proceeded to pronounce judgment without previously determining the degree of the crime of burglary of which the defendants were guilty.

Sec. 1192 of the Penal Code provides: “ Upon a plea of guilty of a crime distinguished or divided into degrees, the Court must, before passing sentence, determine…