People v. Gilbert

The defendant was charged by an information filed in the superior court of Alameda County with a felony, to wit, an attempt to commit burglary, and was convicted. An appeal was taken from the judgment and from an order denying a motion for a new trial; and it is claimed that the evidence was insufficient to support the verdict.

The offense was alleged to have been committed at a dwelling-house in Berkeley, and the testimony shows that about 11 o’clock" P. M. on October 25, 1926, the occupants of the dwelling, whose bedroom in the second story opened upon a balcony, observed a person who…