People v. Johnson

The defendant was convicted by the court sitting without a jury of the crime of breaking and entering a building in the nighttime.

The appeal asserts that there was not sufficient evidence as a matter of law to support the conviction.

The evidence against the defendant was slight. He was arrested at the scene of the crime by police officers who were responding to a report of a break-in at a gasoline station. He was apprehended behind a sign in the rear of the gasoline station. The policeman testified that the defendant was in a stooped position when arrested. A screwdriver subsequently…