People v. Serra

Defendants were convicted by jury of the crime of breaking and entering a dwelling house in the nighttime with intent to commit larceny. The several errors complained of depend primarily on the answer to one question, Was it error for the prosecution to fail to produce at the trial one Harry Briggs, a res gestae witness whose name was indorsed on the information?

The breaking and entering is alleged to have been committed on the second floor of an apartment building occupied by Mr. and Mrs. DeLoria as tenants, who were not at home when the offense was committed. Mr. DeLoria was in the…