Berriel v. State

The defendants Fernando Berriel and Juan Garzzon appeal from adverse judgments of conviction and sentences for the grand theft of certain tool boxes entered below upon a jury verdict. The defendants’ sole point on appeal is that the defendants’ explanation as to their presence in the cellar of an apartment building where they were apprehended in possession of the stolen tool boxes herein presented a reasonable hypothesis of innocence as a matter of law, and that the trial court committed reversible error in denying their motion for judgment of acquittal below. We disagree. Without going into…