People v. Wilson

A jury found defendant guilty of burglary of the second degree, he was committed to the Youth Authority, and now appeals from the judgment. Appellant concedes that he unlawfully entered the store in question. His entire defense is that he did so without any intent to commit larceny, and thus is not guilty of burglary as defined in Penal Code, section 459. He testified that he had an argument that evening with his fiancée, that he was “mad at the world” and entered the store only to “tear the place apart, to wreck it, destroy it.”

Appellant requested the following instruction:

“You are…