People v. Stratton

PLUMMER, J.

On October 2, 1931, an information was filed in the Superior Court of Stanislaus County, containing, among other things, two counts, each of which charged the defendant with the crime of burglary. Upon being arraigned upon this information the defendant entered a plea of guilty to both of the counts charging him with the crime of burglary.

On the thirteenth day of October, 1933, the appellant filed a motion in said court, having for its purpose the obtaining of an order of said court vacating, annulling and setting aside the judgment following the appellant’s plea of guilty of burglary to the counts contained in the information just referred to. The grounds of the motion were stated as follows:

“1. Section 459, Penal Code, which defines burglary, violates the equality clause of Section 1, Fourteenth Amendment to the Federal Constitution, in this, to-wit: that it singles out petty larceny from the whole class of misdemeanors, and does not operate uniformly upon all who enter a building, etc., with intent to commit crime. 2. Section 459, Penal Code, violates the said equality clause in this, to-wit: that it singles out that particular mode of petty theft known as stealing, taking, and carrying away, so that a person may enter a building with intent to commit petty theft by trick and device, false pretenses, or embezzlement without committing the crime of burglary.”

The cause is now before us upon the appellant’s appeal from an order denying such motion. The argument of the appellant is to the effect that section 459,

supra,

is violative of the fourteenth amendment of the United States Constitution, in that it does not afford equal protection of the law, but is unreasonable in its classifications. In pursuance of the argument the appellant quotes section 459 of the Penal Code and attacks that part thereof which reads as follows: “with intent to commit grand or petty larceny or any felony, is guilty of burglary”, the contention being that the language limits burglary to petty larceny, and does not apply to any other misdemeanor for the perpetration of

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which one might enter any house, room, or apartment, etc.”, and so constitutes an unreasonable classification, and does not extend equal protection of the law to all persons.