People v. Barnhart
California Supreme Court
Appeal from a judgment of conviction and from an order denying a new trial in the Superior Court of the County of Alameda.
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Appeal from a judgment of conviction and from an order denying a new trial in the Superior Court of the County of Alameda. Green, J. The following is a portion of the charge of the Court: “ If, then, gentlemen of the jury, you believe that the defendant .did on the fourth day of September, A. D. 1880, at and in the County of Alameda, and State of 'California, willfully, unlawfully, feloniously, and burglariously enter the stable, apartment, and tenement of one Thomas R Badger, the person mentioned in the information, then and there situate, with intent then and there to commit petit larceny,…
1Opinion of the Court
Morrison, C. J.:
The defendant was prosecuted by information in the Superior Court of Alameda County, and was found guilty of the crime of burglary in the second degree. Two points are made on this appeal, the first being that the evidence was not sufficient to justify the verdict of the jury, and the second, error of law in the charge of the Court.
Section 459 of the Penal Code defines generally the crime of burglary, and Section 460 of the same Code, declares that any burglary committed in the night-time is burglary of the first degree, and any burglary committed in the daytime, is burglary…
2Cases cited2 opinions
- People v. BrothertonCalifornia Supreme Court · 1874
- People v. JeffersonCalifornia Supreme Court · 1877
3Cited by26 opinions
- People v. PowellCalifornia Supreme Court · 1949
- People v. MuhlnerCalifornia Supreme Court · 1896
- People v. TugwellCalifornia Court of Appeal · 1917
- Stokes v. StateCourt of Criminal Appeals of Oklahoma · 1948
- State v. CopenhaverMontana Supreme Court · 1907
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