People v. Fitch

Defendant appeals from a judgment of conviction of burglary in the second degree, after trial before the court, a jury having been waived. The evidence for the prosecution showed that on the night of February 28, 1945, a special police officer making his rounds in San Francisco found the lights on in a restaurant at 85 Natoma Street and a padlock on one of the doors broken. The officer tried the door and found it locked by the Schlage lock which was fitted into the door. He went to summon his partner and some thirty-five minutes later returned with two other special officers. They found a…