People v. Smith

WOOD (FRED B.), J.

Defendant was convicted of burglary in the second degree—entry of a building, the office of the Santa Clara County Building Inspector, Hall of Records, San Jose, with intent to commit theft therein. A charge of a prior conviction of a felony was found to be true. The appeal is from the judgment and from the order denying his motion for a new trial.

Two points are made upon this appeal: (1) Insufficiency of the evidence to support the verdict and (2) error in the giving of instructions to the jury.

As to the Sufficiency of the Evidence

A typewriter belonging to the county and…