People v. Staples

Opinion

REPPY, J.

Defendant was charged in an information with attempted burglary (Pen. Code, §§ 664, 459). Trial by jury was waived, and the matter submitted on the testimony contained in the transcript of the preliminary hearing together with exhibits. Defendant was found guilty. Proceedings were suspended before pronouncement of sentence, and an order was made granting defendant probation. The appeal is from the order which is deemed a final judgment. (Pen. Code, § 1237.)

I. The Facts

In October 1967, while his wife was away on a trip, defendant, a mathematician, under an assumed name, rented…