People v. Russell

FRICKE, J., pro tem.

Appellant was convicted by a jury of burglary in the second degree, his motion for a new trial denied and, having been previously convicted of a felony, he was sentenced to imprisonment in Folsom penitentiary. The sole point raised on this appeal is that the evidence is not sufficient to sustain the conviction.

The proof shows that Miss Jane Torkington on July 19, 1931, left her apartment at about 9:45 A. M. and did not return until about 10:15 that evening, at which time she found the door to the apartment unlocked, that her radio was gone, papers were scattered on the…