People v. Gibbons

THE COURT.

In this ease a hearing was granted after decision by the district court of appeal because of the earnest insistence of the attorney-general that the statute defining burglary in this state had been misconstrued. After á careful consideration of the authorities relied upon by

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petitioner, we are satisfied with the opinion of the district court of appeal, second district, heretofore filed herein and written by the Honorable Justice Craig and we adopt said opinion as the opinion of this court, as follows:

“The appellant, Venice Gibbons, and two codefendants, Tippen and Simpson, were charged jointly by an information filed by the district attorney of Los Angeles county with burglary, with receiving stolen property, and conspiracy to commit a felony. During the trial counts two and three, charging receiving stolen goods and conspiracy to commit a felony, respectively, were dismissed. Appellant was convicted of burglary in the second degree, and from the judgment pronounced by the court thereon he appeals.

“ It is first contended that the verdict is contrary to the evidence because, it is said, the structure from which the evidence tended to show the stolen property to have been taken was not of such a nature as to permit of the crime of burglary being committed therein. In this regard the record discloses that certain aluminum was taken from a bin having three sides and a roof. However, the roof consisted of the floor of a building called by the witnesses a ‘bag house, ’ which it was testified was completely enclosed. The side of the bin which was open, faced on a yard which was entirely fenced but there was no roof over the yard. In response to questions by the trial court, the witness Snyder, an officer of the corporation owning the premises from which the aluminum was taken, stated that the bin is not a cellar or basement, that it is on a level with the lot, that over this bin is ‘a bag house for the reception of all smokes,’ that the floor of the bag house is up from the ground some six or eight feet, and forms the roof of the bin, ‘and it is walled in except one side.’

“It is true, as stated in