People v. Rose

ROTH, J., pro tem.

On March 18, 1935, the rumble seat of an automobile driven by a cigaret salesman was pried open and a suitcase and hat belonging to the salesman were liftéd from the inside. The suitcase contained cartons of eigarets and some miscellaneous articles. By information charging petit theft and prior conviction of a felony, which latter charge defendant admitted, defendant was brought to trial for stealing the eigarets, valued at $20, contained in the suitcase. No one saw defendant open the rumble seat and take the articles described. The testimony showed, however, that the…