Garcia v. People

The defendant was charged with the burglary of a drug store. Trial by jury resulted in a verdict of guilty. The defendant seeks reversal, alleging that: (1) the trial court erred in refusing to instruct the jury on criminal trespass as a lesser included offense; (2) the court erred in denying defendant’s motion for judgment of acquittal; and (3) the court erred in admitting into evidence, over defendant’s objection, a 1956 robbery conviction for impeachment purposes.

The case was set for oral argument in this court on March 10, 1971. On March 3, 1971, counsel for the parties filed with the…