People v. Hamilton

The defendant, David Hamilton, admits that he stole a valuable diamond ring from a jewelry store in the City of Tulare, but denies that he had the intention to commit theft when he entered the store, and, therefore, argues that he is not guilty of second degree burglary, the crime of which he was convicted. While, from the ethical standpoint, it is somewhat curious to hear an admission of what would constitute one major felony in the course of denying another, this defense, if established, is legally good. [1] For it is a necessary element of burglary to prove that at the very moment of…