People v. Maderos

THE COURT.

The defendants Maderos and Atwine were charged jointly with having burglarized a Pacific Fruit Express car belonging to the Santa Fe Railroad Company. They entered pleas of not guilty and were tried together before a jury, each being found guilty of burglary of the second degree. Judgments of sentence were pronounced accordingly, and each defendant has appealed.

The guilt of the defendants was established by circumstantial evidence and by their oral admissions, contradictory statements and confessions. At the close of the People’s case Maderos moved that the court instruct the jury…