People v. Gaytan

Appellant was convicted of burglary in the second degree and appealed from the judgment and' order denying his motion for a new trial. He contends that the trial court erred in failing to give his instructions on intoxication and intent, and that the verdict is contrary to law.

On the night of November 6, 1939, appellant and a young lady companion entered a cafe at 354^-356 South Seventh Street in the city of Colton and sat in a booth where appellant dined and drank beer, remaining in the cafe until 1:15 o’clock the following morning. A bar adjoined the cafe, separated by a partition, and…