People v. Evans

This is an appeal by defendant from a judgment of conviction of burglary, first degree, and grand theft, and an attempted appeal from an order denying defendant ’s motion for a new trial.

Facts

No challenge is made to the sufficiency of the evidence. Defendant did not take the witness stand nor present any evidence in his own behalf. It is therefore unnecessary to give a detailed account of the testimony. The record shows the following: On the afternoon of October 3, 1961, defendant and one Barry L. Johnson were living at the John Castillo place about 5 miles northerly from Needles, California.…