People v. Smith

This is an appeal from an order denying defendant’s motion for a new trial. An information filed March 9, 1954, by the district attorney of Alameda County, charged Garfield Smith, appellant herein, Vernal Owens and Lawson Thomas Venson with burglary in that on December 11, 1953, they entered the jewelry store of Clement L. Palmer in Oakland, California, with the intent to commit theft therein.

After jury trial, appellant was found guilty and the jury fixed the degree of the offense as second degree burglary. Motion for new trial was denied and appellant was sentenced to the Alameda County jail…