People v. Warwick

THE COURT.

Appellant was found guilty by a jury of burglary in the first degree and of having suffered a prior conviction of felony, for which he was sentenced to imprisonment in the state prison. This appeal was taken from the judgment of conviction and the order denying his motion for new trial. The single point urged is that the evidence is legally insufficient to sustain a verdict of first degree burglary.

Section 460 of the Penal Code provides in part that “Every burglary of an inhabited dwelling-house or building committed in the night-time ... ” is burglary of the first degree. The place…