People v. Wright

Appellant was charged by information in two counts of having burglarized “the gas station and building occupied by George B. Wright,” his father. He pleaded not guilty and was convicted on count II of second degree burglary. He appeals from the judgment rendered and from the order denying his motion for a new trial. The evidence established that appellant entered a building not for the purpose of stealing property therein contained but in order to gain access to an adjoining structure which is claimed not to be a subject of burglary under Penal Code section 459, 1 and to take property…