People v. Nichols

On this appeal from a judgment rendered on a jury verdict finding him guilty of second degree burglary [Pen. Code § 459] and from the order denying his motion for a new trial, the defendant urges the insufficiency of the evidence and the erroneous admission of certain irrelevant and prejudicial evidence obtained as the result of an unlawful search. We have concluded that there is no merit in any of these contentions.

The facts are as follows: On the afternoon of April 5, 1960, J. M. Burke, the janitor at the Lawton Elementary School at 1570-31st Avenue in San Francisco checked and locked the…