People v. Rodriguez

The defendant was convicted of the

crime of burglary in the second degree. The alleged offense consisted in breaking into a shop and stealing a violin. Defendant appeals from the judgment and from an order denying his motion for a new trial.

There was evidence properly admitted, which tended to show appellant’s guilt; but we cannot know whether or not the jury would have convicted him without evidence which was improperly admitted as hereinafter noticed.

If the crime was committed at all, it occurred, as averred in the information, on or about the fifteenth day of July, 1900. The trial took…