People v. Espalian

Defendant appeals from a judgment of conviction of the crime of burglary and from an order denying his motion for a new trial.

The principal contention of appellant is that the evidence was insufficient to prove the corpus delicti. In brief, the evidence showed the presence of defendant in one of the corridors on the second floor of a lodging-house at the hour of 4:30 o’clock A. M. One of the witnesses testified that “he (defendant) ran around the corner (of the corridor) and I knew he didn’t belong in the house and I stopped him and wanted to know what he was doing in the house.” At the time…