People v. Jenman

(dissenting). ' The proof, albeit circumstantial — consisting of evidence of defendant’s possession of the tool used in forcing entry into the burglarized premises (People v. Wilson, 7 App. Div. 326, 333, affd. 151 N. Y. 403; People v. Larned, 7 N. Y. 445, 447, 452; People v. Weiss, 367 Ill. 580, 587; Wilborne v. Commonwealth of Virginia, 182 Va. 63, 66) and of evidence of his presence falsely denied, near the scene of the crime (People v. Deitsch, 237 N. Y. 300, 303; People v. Gorski, 236 N. Y. 673; see, also, People v. Kress, 284 N. Y. 452, 466) —is exceedingly clear and convincing and…