People v. Shaw

An information filed by the district attorney of Los Angeles County charged the defendant with the crime of burglary and alleged his prior conviction of a felony. The prior felony conviction was admitted by the defendant, and following his plea of not guilty to the burglary charge a trial by jury resulted in his conviction of the offense of burglary of the second degree. A motion for a new trial was denied. This appeal is from the judgment and the order denying him a new trial.

The pertinent facts necessary to a disposition of this case are that on the morning of March 21, 1941, it was…