People v. Miller

Defendant was tried by jury on charges of burglary and grand theft. He was found guilty on both counts and the burglary was fixed at second degree. From the judgment sentencing him to concurrent terms in the state prison and from the order denying his motion for a new trial, he appeals.

Defendant makes only two contentions on this appeal: First, that the evidence is insufficient to support the verdict; and, second, that the court erred in admitting evidence of identification of photographs.

Sufficiency of Evidence

As to sufficiency of evidence, this court is required to “ ‘assume in favor of the…