People v. Bard

By information defendant was charged with burglary, in violation of section 459 of the Penal Code, in that he entered a residence in the City of Downey with the intent to commit rape. After a trial before the court, he was found guilty and the degree of the burglary was found to be the first. Probation was granted, and defendant appeals from the judgment (order granting probation).

Facts: At approximately 2:55 a.m. on May 16,1967, Miss E. M. awoke to find a man in bed with her. The man, whom she later identified as defendant, was fondling her private parts with his hands underneath the pajamas…