People v. Smith

Opinion

JEFFERSON (Bernard), J.

By information, defendant was charged with the offense of burglary committed on August 31, 1976, in violation of Penal Code section 459. It was alleged that, on the date in question, defendant entered the apartment occupied by Eva Operskalski with the intent to commit larceny. The information was subsequently amended to add the allegation after the phrase “with the intent to commit larceny” the words “and or assault by means likely to produce great bodily injury.” Defendant entered a plea of not guilty. Trial was by jury, with the jury finding defendant guilty of…