People v. Carswell

Defendant appeals from a judgment of conviction of second degree burglary and from an order denying his motion for a new trial. He challenges the admission of certain evidence, the instructions to the jury, and the sufficiency of the evidence to support the verdict.

The judgment appealed from was entered on defendant’s second trial. The facts concerning the commission of the offense are fully set forth in the opinion on the first appeal. (149 Cal.App.2d 395 [308 P.2d 852].) The evidence introduced on both trials showed that a number of rifles and shotguns had been stolen from an Oakland…