People v. Banks

Opinion

JEFFERSON (Bernard), J.

Defendants Banks and Ashley were convicted of burglary (Pen. Code, § 459), following a court trial, a jury trial having been waived. They are appealing from the judgments.

Evidence presented at trial established that, on September 4, 1974, Scott Lachenmyer was working as a truck driver for the Man’s Shop, located in the Carson Mall, City of Carson. At 11:30 á.m., while he was loading merchandise onto a truck which was parked to the rear of the shop, he saw two men who were watching him and acting as though they were groundskeepers. The two men continually watched…