People v. Summerfield

This is an appeal following a jury trial from a judgment of conviction of burglary which the jury found to be of the first degree. The grounds of appeal are: (1) prejudicial error was committed in admitting in evidence two pieces of paraffin and testimony respecting a screwdriver allegedly products of an illegal search and seizure ; (2) the evidence in support of the conviction was insubstantial ; (3) the court refused appellant’s prepared jury instruction that if a burglary had been committed it could only be of the second degree; and (4) the court, in giving an instruction based on CALJIC…