People v. Martin

Appellant appeals from the judgment of conviction entered on the jury’s verdict finding him guilty of second degree burglary in violation of Penal Code section 459. He presents three main contentions for reversal: that there was insufficient evidence to justify the jury’s verdict, that it is inherently improbable that he committed the burglary, and that during the trial errors of law occurred which resulted in a miscarriage of justice.

The facts upon which this appeal is predicated are essentially these: On July 7, 1968, at approximately 10:25 p.m., the police dispatcher of the City of Fresno…