People v. Tholke

This appeal is from a judgment of conviction of first degree burglary and from an order denying a new trial.

On August 23, 1945, the premises of Stewart Chevrolet Company on Mission Street near 29th in San Francisco, were burglarized. The store runs through to Valencia Street, the showroom being on the Mission Street end and the service shop being in the rear, with an entrance on Valencia.

About 11:55 p. m. a special policeman, making his rounds, entered from Mission Street and heard a loud, metallic noise inside. On switching on the lights he saw that a drill had been inserted in the office…