People v. Robinson

This is an appeal from a judgment of conviction of the crime of burglary, a violation of section 459 of the Penal Code.

I

There can be no question as to the proof of defendant’s guilt. The police officer testified, without contradiction, that he saw defendant at 4 a.m., in front of a store which had been broken into, with his arms full of merchandise, that he chased and caught him, still in possession of the stolen goods. Both the corpus delicti and defendant’s participation are clear.

II

The major issue raised by defendant is that, at the time of the preliminary hearing, the magistrate denied…