People v. Allard

The appellant was found guilty of first degree burglary and was sentenced accordingly. He appeals, and bases his claim for reversal upon alleged insufficiency of the evidence to sustain the verdict.

It appears that a house, the property of one R. P. Low, was burglarized by defendant who, at the time was unarmed. The crime was committed in the night-time and the house was not occupied on that particular night. Low and his family lived there, but, as testified by him, “were just away for two or three days.”

The argument presented by appellant is, that under these circumstances the house was not…