People v. Carter

PULLEN, P. J.

Defendant was charged with the offense of burglary and was thereon tried and convicted of burglary in the second degree. He moved for a new trial, which motion was denied and he was sentenced to imprisonment in the state prison. He now prosecutes this appeal from the judgment and the order denying a new trial.

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At about 11 o’clock in the evening a police officer apprehended defendant in a building occupied by an automobile agency, and upon being questioned by the officer, defendant stated he was in need of money and “thought he could get some out of the cash register”. At the time of his arrest he was wearing gloves, had a flashlight, numerous keys and a lock pick in his possession.

This appeal is based upon two assignments of error; first, that the evidence is insufficient to prove the

corpus delicti,

and therefore the admissions of the defendant were not admissible, and, secondly, the judgment was not pronounced within the time provided by law.

Burglary is the entry of a building with, intent to commit grand or petit larceny or any felony. Appellant contends there was no proof of any intent to commit any of the offenses mentioned in the section save and except that shown by the statement of defendant to the effect he intended to commit larceny.

That defendant was inside of an inclosed building, without permission and without right, is apparent from the testimony. He had the tools and habiliments of a burglar. The jury were instructed that before they could convict there must exist a criminal intent, and such intent was a question of fact manifested by the circumstances connected with the offense, and in determining whether the acts of defendant were committed with a criminal intent they could consider testimony either direct or circumstantial.

We believe the facts and circumstances here in evidence were ample and sufficient to support the verdict of the jury.

In the case of

People

v.