Ciccarelli v. People

Plaintiff in error, herein referred to as defendant, was charged in the district court of Boulder County with the burglary of the Fred Harsch Lumber Co. of Longmont, Colorado. Following a jury verdict of guilty, the court sentenced him to a term of not less than two nor more than seven years in the penitentiary. Review of this judgment is here sought.

The information charged that the defendant did “ * * * break and enter the office, shop and warehouse of Fred Harsch, with intent then and there to commit therein the crime of larceny.”

The evidence, which was for the most part circumstantial,…