People v. Garrett

WARNS, J. pro tem. *

Appellant was convicted of burglary in the second degree and sentenced to state prison. The trial judge was the trier of fact, a trial by jury having been waived by appellant. He has appealed from the judgment and the sentence.

On the evening of Sunday, January 17, 1965, William Jones, an employee of the Chukker Restaurant located at 1124 J Street, in Sacramento, noticed in passing the closed restaurant that the door of the cigarette machine was open. He unlocked the front door and started to enter but decided not to do so when he heard someone moving around inside. Jones…