People v. Downs

The defendant was convicted of burglary and robbery. He appeals from the judgment of conviction and from an order denying his motion for new trial.

On June 3, 1948, shortly before midnight two men entered a building of the Pacific Telephone and Telegraph Company in San Jose. While these men were engaged in taking money from a safe two janitors employed by the company entered the room and were compelled by the burglars to lie down on the floor where they were securely bound. The two burglars then took from the safe $3,500 belonging to the company.

One of the janitors was unable to identify the…