People v. Smith

This is an appeal from an order denying defendant’s motion for a new trial. An information filed March 9, 1954, by the district attorney of Alameda County, charged Garfield Smith, appellant herein, Vernal Owens and Lawson Thomas Venson with burglary in that on December 11, 1953, they entered the jewelry store of Clement L. Palmer in Oakland, California, with the intent to commit theft therein.

After jury trial, appellant was found guilty and the jury fixed the degree of the offense as second degree burglary. Motion for new trial was denied and appellant was sentenced to the Alameda County jail for six months. Execution of judgment and sentence was suspended for a period of two years, and appellant was placed on probation on condition that he serve three months in the county jail and make restitution of the stolen property as directed by the probation officer.

On December 11,1953, some time between 1 and 7 o’clock in the morning, a brick was thrown through the window of Palmer’s Jewelry Store in Oakland. Pour watches and eight to twelve rings were found to be missing by Palmer when he arrived at 7 that morning. There were no witnesses to the breaking and entering of the shop.

On…