People v. Tims

WAGLER, J. pro tem. *

Defendant was convicted by a jury of a violation of Penal Code, section 464—burglary with explosives. This section so far as pertinent provides that “Any person who, with intent to commit crime, enters . . . any building . . . and opens or attempts to open any . . . safe ... by use of acetylene torch ... is guilty of burglary with explosives.”

Defendant contends: (1) that the trial court erred in the admission in evidence of certain extrajudicial statements made by him at the time of and subsequent to his arrest; (2) that the evidence was insufficient to sustain his…